The Veteran's application to reopen a claim for service connection for lumbar spine degenerative disc disease with radiculopathy was granted. The rating for chronic bronchitis remains at noncompensable (0%). Service connection for a sleep disorder other than apnea is remanded.,Effective dates prior to October 15, 2015 were denied for cervical strain, right knee arthritis with meniscal tear and patella chondromalacia, and tinnitus service connection claims.
The deciding factor: The evidence submitted by the Veteran was new and material, allowing the claim for lumbar spine degenerative disc disease with radiculopathy to be reopened. The rating for chronic bronchitis remains at noncompensable (0%) as there is no evidence of a compensable disability.,Service connection for a sleep disorder other than apnea is remanded because the criteria have not been met, and effective dates prior to October 15, 2015 were denied due to lack of intent or claim.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with radiculopathy, Chronic bronchitis, Cervical strain, Right knee arthritis with meniscal tear and patella chondromalacia, Tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19132966
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (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 19132966.
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.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Denied
The Board denied the veteran's claims for a higher rating for PTSD and dismissed his appeals regarding increased ratings for tinnitus and a right hand disability due to lack of timely filing of Notice of Disagreement.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
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