The reduction in the rating for right lower extremity radiculopathy from 40 percent to 10 percent, effective May 11, 2018, was improper and the 40 percent disability rating is restored.,Entitlement to service connection for a heart disability is remanded.
The deciding factor: The reduction in rating for right lower extremity radiculopathy from 40 percent to 10 percent, effective May 11, 2018, was not proper due to lack of evidence of improvement and failure to address this issue in the decision reducing the evaluation.
- Claimed conditions
- Heart Disability, Lumbar Spine Disability, Left Lower Extremity Radiculopathy, Asthma Disability, Anal Fissure Disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2023
- Citation
- 23056059
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 23056059.
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 heart disability has been rated at 100% from September 12, 2022 to August 18, 2023. He is also eligible for special monthly compensation and Dependents' Educational Assistance during this period.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Denied
The Veteran's heart disability is currently rated at 60 percent from February 24, 2023.,The effective date for the grant of TDIU was set to February 24, 2023.
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