The Board has determined that the reduction in ratings for Non-Hodgkin's Lymphoma from 100% to 0%, and Adjustment Disorder with Mixed Anxiety and Depressed Mood from 70% to 50%, effective January 1, 2019, was not proper due to failure to apply the provisions of 38 C.F.R. § 3.344.
The deciding factor: The Board found that the reduction in ratings did not properly apply the provisions of 38 C.F.R. § 3.344 and thus violated procedural requirements, making the reductions void ab initio.
- Claimed conditions
- Non-Hodgkin's Lymphoma, Adjustment Disorder with Mixed Anxiety and Depressed Mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2022
- Citation
- 22010927
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 22010927.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's appeal for an increased rating of 70 percent for service-connected Adjustment Disorder with Mixed Anxiety and Depressed Mood is granted. The remaining issues are remanded for further evaluation.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions in the current file, and thus the Veteran's claim for service connection for an acquired psychiatric disability will be reconsidered with new evidence.
- Granted
The Board has granted the Veteran's claim for service connection for adjustment disorder with mixed anxiety and depressed mood, finding that his current condition is related to events during his military service.
- Remanded (sent back)
The Board has determined that a remand is needed to correct a pre-decisional duty to assist error, and the Veteran should be afforded a VA examination to determine the nature and etiology of any acquired psychiatric disorders.
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