The Board has determined that the reduction in ratings for migraines, major depressive disorder, neck disability, lumbar strain with degenerative changes/arthritis, left knee patellofemoral syndrome, and right knee patellofemoral syndrome was improper. The Veteran's original ratings are restored.
The deciding factor: The reduction in ratings did not comply with the applicable regulations regarding evidentiary requirements for a disability rating in effect for a period of five years or more.
- Claimed conditions
- migraines, major depressive disorder (previously rated as posttraumatic stress disorder, primary insomnia, major depressive and panic disorder without agoraphobia), neck disability (claimed as neck disability), lumbar strain with degenerative changes/arthritis, left knee patellofemoral syndrome, right knee patellofemoral syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2023
- Citation
- 23049738
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 23049738.
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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- 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.
- Denied
The Board denied the Veteran's claim for service connection of a left knee disability, finding that it is not proximately due to or aggravated by his service-connected back and sciatica disabilities. The evidence did not support a nexus between the Veteran's current condition and his military service.
- Dismissed
The appeal concerning the service connection claims for various conditions and initial compensable evaluations for service-connected erectile dysfunction and bilateral hearing loss is dismissed due to the Veteran's death.
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