The Veteran's service connection claim for a left hip disability has been reopened, and the rating reductions from 20 percent to 10 percent effective August 1, 2017 for right and left lower extremity radiculopathy were found improper. The 20 percent ratings are restored.,The Veteran's TDIU claim is granted, subject to further development on remand issues.
The deciding factor: New evidence received since the last final decision raised a reasonable possibility of substantiating the service connection claim for a left hip disability. The AOJ failed to provide due process in reducing the ratings for right and left lower extremity radiculopathy, as required by VA regulations.,The Veteran's TDIU claim is granted based on his combined disability rating meeting the criteria.
- Claimed conditions
- Left Hip Disability, Lumbar Spine Disability, Cerebrovascular Accident (CVA) Residuals, Right Knee Disability, Left Shoulder Disability, Left Ankle Disability, Right Knee Scar, Left Shoulder Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2023
- Citation
- 23017313
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 23017313.
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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Board denied the Veteran's claim for service connection of a right knee disability, finding that there is no evidence to support an etiological relationship between his current condition and his military service.
- Remanded (sent back)
The claims for service connection for right and left shoulder disabilities are remanded. The claim for sleep disorder (claimed as sleep apnea) remains denied.
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