The Veteran's appeal regarding a rating in excess of 20 percent for degenerative disc disease of the lumbar spine is dismissed. The Board has remanded issues related to service connection and increased ratings for PTSD, as well as TDIU.
The deciding factor: The Veteran withdrew his appeal on the issue of a higher rating for degenerative disc disease of the lumbar spine, leaving only the secondary service connection claims regarding obstructive sleep apnea, arterial hypertension, and CAD as PTSD.
- Claimed conditions
- obstructive sleep apnea, arterial hypertension, CAD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106517
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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