The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.
The deciding factor: The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated based on limitation of motion, with the current rating reflecting pain. The Veteran has mild medial instability which warrants a separate evaluation.,For his cervical spine and lumbar spine conditions, the evaluations are based on the severity of symptoms such as muscle spasm, deformity, and neuroforaminal stenosis. The Veteran's progressive muscle atrophy is associated with his service-connected spondylosis with degenerative disc disease of the lumbar spine.,The Veteran’s sleep apnea remains at a 50 percent evaluation due to its severity. His radiculopathy conditions have been remanded as they are interrelated with his cervical and lumbar spine conditions.
- Claimed conditions
- right knee osteoarthritis, tinnitus, musculoligamentous strain of the cervical spine, spondylosis with degenerative disc disease of the lumbar spine, progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine, sleep apnea, radiculopathy, left upper extremity, radiculopathy, right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 16, 2018
- Citation
- 18126958
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 18126958.
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 hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Remanded (sent back)
The Board has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
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