The Veteran's appeals for higher ratings and earlier effective dates have been withdrawn.,The reduction of the disability rating for thoracolumbar myofascial strain with IVDS from 40 percent to 20 percent was improper, and the rating is restored. The issues regarding TDIU, headaches, cervical myofascial strain, thoracolumbar myofascial strain, radiculopathy of the right upper extremity and bilateral lower extremities, bilateral shoulders, and bilateral hands are remanded for further action.
The deciding factor: The Veteran withdrew his appeals regarding higher ratings for tinnitus and traumatic brain injury (TBI).,The reduction in disability rating was improper due to the lack of evidence showing improvement in the Veteran's ability to function under ordinary conditions of life and work. The issues related to TDIU, headaches, cervical myofascial strain, thoracolumbar myofascial strain, radiculopathy of the right upper extremity and bilateral lower extremities, bilateral shoulders, and bilateral hands are remanded for further action.
- Claimed conditions
- bilateral tinnitus, traumatic brain injury (TBI), thoracolumbar myofascial strain with intervertebral disc syndrome (IVDS), headaches, cervical myofascial strain with degenerative disc disease (DDD) and spondylolisthesis, right upper extremity radiculopathy, right shoulder bursitis, left shoulder bursitis, right lower extremity radiculopathy, left lower extremity radiculopathy, right hand strain with metacarpal fracture, left hand strain with painful motion of the index finger, left hand strain with painful motion of the long finger, left hand strain with painful motion of the ring finger, left hand strain with painful motion of the little finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 1, 2022
- Citation
- 22050013
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 22050013.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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