The Veteran's claim for a higher rating for his lumbar spine disability prior to May 16, 2011 was granted. The claim for a higher rating on and after that date was denied. Service connection was established for melanoma of the scalp, skin cancer, and sleep apnea. Service connection was not established for colon polyps or bladder cancer.
The deciding factor: The Veteran's lumbar spine disability did not meet criteria for an increased rating as it did not approximate unfavorable ankylosis on and after May 16, 2011.
- Claimed conditions
- Minimal narrowing of the 5th lumbar disc space, Back strain (lumbar spine disability), Melanoma of the scalp, Skin cancer (basal cell and squamous cell carcinoma), Colon polyps, Bladder cancer, Obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 18, 2019
- Citation
- 19130577
Veterans Law Judge
Decisions by this judge: 961 · Granted: 20% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19130577.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for bladder cancer, erectile dysfunction, and gouty arthropathy due to outstanding VA treatment records not being obtained. The Veteran's request for a referral to a urologist for ED is also remanded. A VA medical opinion is needed regarding the relationship between the Veteran's gouty arthropathy and his service-connected conditions.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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