The Board granted restoration of the 40 percent disability rating for lumbar spine degenerative disk disease with thoracic spine strain and the 10 percent disability rating for asthmatic bronchitis, but remanded claims for increased ratings in excess of 40 percent for lumbar spine degenerative disk disease, 10 percent for asthmatic bronchitis, 20 percent for cervical spine degenerative disc disease, and 20 percent for right lower extremity radiculopathy.
The deciding factor: The reduction was not supported by the evidence of record at the time of the reduction, as there was no improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Claimed conditions
- lumbar spine degenerative disk disease with thoracic spine strain, asthmatic bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001870
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for an increased disability rating for asthmatic bronchitis was withdrawn by the Veteran, and the Board has no jurisdiction to review this matter.
- Denied
The Board denied service connection for tinea pedis, left wrist disability, asthmatic bronchitis, and gastroesophageal reflux disease (GERD) as the evidence did not support a finding of a causal relationship between these conditions and the Veteran's active duty service.
- Partly granted
The Veteran is granted a 30 percent disability rating for his service-connected asthmatic bronchitis from August 24, 2014.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory conditions and their relationship to his service, including exposure to asbestos and other chemicals.
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