The Veteran's rating for diverticulosis with resection of the large intestine and ventral hernia was restored to 30 percent effective January 7, 2020. The Board found that the reduction from 30 percent to noncompensable was improper due to a lack of improvement in functional ability. The Veteran's ADHD and bilateral knee disorders were remanded for further examination and opinion.
The deciding factor: The reduction from 30 percent rating to non-compensable was not proper as there was no evidence of improvement in the Veteran's diverticulosis that would justify reducing his disability rating.
- Claimed conditions
- diverticulosis, attention-deficit/hyperactivity disorder (ADHD), right knee patellofemoral syndrome with degenerative arthritis, left knee degenerative joint disease (DJD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- May 15, 2024
- Citation
- A24025401
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 A24025401.
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.
- Remanded (sent back)
The Board has identified issues for remand related to service connection claims and effective date determinations. The appellant's appeal includes multiple conditions, including a headache disability, left ankle and foot disabilities, low back disability, knee degenerative joint disease (DJD), neuropathy, and an acquired psychiatric disorder.,The Board is directed to address the issues of service connection for these conditions and determine appropriate effective dates.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
- Granted
The Veteran's service connection claims for various conditions, including adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts are all granted due to exposure to herbicide agents, mustard gas, and ionizing radiation during service.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service connection claims due to errors in the initial decision, including inadequate medical opinions and failure to consider all theories of entitlement.
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