The Board has determined that the reduction of the rating for a left knee chronic strain was improper and void ab initio. The Veteran's claims for higher ratings for right knee, right foot plantar fasciitis, and service connection for chronic vomiting syndrome with weight loss and strength are remanded due to procedural errors.
The deciding factor: The May 2015 rating reduction for a left knee chronic strain from 10 percent to noncompensable was improper as it did not meet the requirements of 38 C.F.R. § 3.344, which requires evidence of sustained improvement and an actual improvement in the Veteran's ability to function under ordinary conditions.
- Claimed conditions
- Left Knee Chronic Strain, Right Knee Chronic Strain, Right Foot Plantar Fasciitis, Chronic Vomiting Syndrome with Weight Loss and Strength
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2022
- Citation
- 22014592
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 22014592.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including PTSD, right and left knee strains, chronic sinusitis, hypertension, and other conditions, rendered him unable to secure and follow substantially gainful employment since December 16, 2010. An effective date of December 16, 2010 is granted for the award of TDIU.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Partly granted
The Board denied service connection for irritable bowel syndrome and posttraumatic stress disorder, but granted an effective date of February 4, 2024, for a 70 percent evaluation for PTSD.
- Partly granted
The Board granted a 30 percent evaluation for GERD and a 50 percent evaluation for cluster headaches, but denied an increased rating for right foot plantar fasciitis. The Veteran was also granted a 10 percent evaluation for external hemorrhoids effective May 19, 2024.
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