The Board denied an increased rating for the veteran's low back disability, granted a 40 percent rating for left leg radiculopathy, and denied an increased (compensable) rating for gastroesophageal reflux disease.
The deciding factor: The evidence did not show that the veteran's service-connected conditions had worsened to a degree that warranted higher ratings.
- Claimed conditions
- Low back disability (status post L4-L5 and L5-S1 laminectomy and microdiscectomy with severe lumbar myositis), Left leg radiculopathy, Gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 6, 2009
- Citation
- 0904356
Veterans Law Judge
Decisions by this judge: 2,776 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0904356.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disability, gastroesophageal reflux disease, irritable bowel disease, neuropathy of lower extremities, neuropathy of upper extremities, rhinitis, sinusitis, prostate cancer, bilateral plantar fasciitis, right knee condition (claimed as bilateral knee injuries), and traumatic brain injury is denied due to lack of evidence supporting the presence or relationship of these conditions to service.,The Veteran's claim for secondary service connection for loss of use of a creative organ and sleep apnea related to an acquired psychiatric disability is also denied.
- Granted
The Board has granted service connection for the Veteran's Obstructive Sleep Apnea (OSA) due to weight gain caused by her service-connected cervical degenerative disc disease, lumbar facet arthrosis, left knee disability, and left lower extremity radiculopathy. The decision resolves all reasonable doubts in favor of the Veteran.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's GERD and hernia hiatal are related to his service, specifically during active duty or a period of ACDUTRA/INACDUTRA.
- Granted
The Veteran's service-connected disabilities, including thoracolumbar and cervical spine conditions, preclude locomotion without the aid of a walker, warranting eligibility for specially adapted housing.
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