The claims regarding the reduction of disability ratings for low back strain and left knee degenerative joint disease were dismissed, while the tinea versicolor rating was restored from 0 percent to 60 percent effective February 1, 2015.
The deciding factor: The November 2014 rating decision reducing the Veteran's tinea versicolor rating did not properly address the required due process considerations and evidence of sustained improvement. The reduction was improper and must be reversed.
- Claimed conditions
- Low back strain, Left knee degenerative joint disease (left knee disability), Tinea versicolor
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2024
- Citation
- 24031483
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for an increased rating for low back strain to correct a pre-decisional duty to assist error.
- Granted
The Veteran's service-connected disabilities, including the side effects of medication taken to treat his back disability, precluded substantially gainful employment consistent with his education and occupational experience.
- Denied
The Board denied the Veteran's claim for a rating in excess of 10 percent for his low back strain based on the evidence showing that the disability did not meet the criteria for a higher rating.
- Partly granted
The Board denied a rating in excess of 40 percent for low back strain and a rating in excess of 20 percent for left lower extremity radiculopathy, sciatic nerve after April 26, 2024. However, it granted a 20 percent rating for the left lower extremity radiculopathy, sciatic nerve prior to that date and remanded the claim for service connection for an acquired psychiatric disability.
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