The veteran's claims for increased ratings were denied. The VA found that the evidence did not support a higher evaluation for his depressive reaction, lumbar disc disease, or left knee disability.
The deciding factor: The evidence did not demonstrate symptomatology warranting a higher rating under either the old or new criteria for psychiatric disabilities, back disabilities, or musculoskeletal conditions.
- Claimed conditions
- Depressive Reaction, Lumbar Disc Disease, Nonunion tibial tubercle fragment of the left knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 23, 2003
- Citation
- 0317075
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 0317075.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Granted
The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.
- Remanded (sent back)
The Board has found the reduction in rating for spinal stenosis, lumbar disc disease, and Schmorl's nodes from 20% to 10% was improper. The 20% rating is restored. However, the issues of increased ratings for left and right lower extremity sciatic nerve radiculopathy and ankle conditions are remanded due to a duty to assist error.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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