The Veteran's lumbar spine condition is currently rated as 20 percent disabling. The Board denied a higher rating, finding that the evidence did not show forward flexion to less than eighty degrees or any ankylosis. For sleep apnea and hypertension, no VA examination or opinion was provided, leading to remand.
The deciding factor: The Veteran's lumbar spine condition does not meet the criteria for a higher rating as it does not demonstrate forward flexion of the thoracolumbar spine limited to thirty degrees or less, nor any evidence of ankylosis. For sleep apnea and hypertension, no VA examination was provided to determine if they are service-connected.
- Claimed conditions
- lumbar spine degenerative disc disease, obstructive sleep apnea, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2018
- Citation
- 18110200
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 18110200.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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