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
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
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