The Board found that the reduction of the rating for service-connected painful left foot scar from 10 percent to 0 percent, effective July 19, 2023, was not proper and is void ab initio.

The deciding factor: The AOJ failed to consider and apply all the provisions of 38 C.F.R. § 3.344 in its reduction of the Veteran's disability rating for his left foot scar, leading to an improper reduction.

Claimed conditions

painful left foot scar, allergic rhinitis, sinusitis, lumbosacral strain and degenerative, left knee scar, headaches, posttraumatic stress disorder (PTSD), unspecified traumatic stressor related disorder, to include obsessive compulsive disorder, chronic fatigue syndrome, restless leg syndrome, right lower extremity, restless leg syndrome, left lower extremity, lipomas

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 4, 2025

Citation

A25095701

Want to see how appeals like this one tend to go? Appeals like mine