The Board has determined that the reduction of disability ratings for lumbar spondylosis and herniated disc, left lower extremity radiculopathy, and right lower extremity radiculopathy was improper. The appeal is granted in part as the original disability ratings are restored. Additionally, the claim for service connection for OSA has been denied due to lack of a current diagnosis.
The deciding factor: The evidence does not support a current diagnosis of obstructive sleep apnea (OSA).
- Claimed conditions
- adjustment disorder with depressed mood, obstructive sleep apnea (OSA), lumbar spondylosis and herniated disc, left lower extremity radiculopathy, right lower extremity radiculopathy, chronic prostatitis, muscle tension headaches, bilateral pes planus, chronic allergic rhinitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102149
Veterans Law Judge
Decisions by this judge: 961 · Granted: 20% (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 19102149.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
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