The Veteran's low back disability warrants a rating of 10 percent prior to June 18, 2009, a rating of 20 percent from June 18, 2009, to November 24, 2009, and a 40 percent rating effective November 25, 2009, for functional impairment of the spine and a separate rating of 10 percent from November 25, 2013, for radiculopathy involving the right lower extremity.
The deciding factor: The Veteran's low back disability was found to warrant a higher rating based on the criteria outlined in the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine disability, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 31, 2016
- Citation
- 1613143
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 1613143.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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