The Veteran's lumbar spine disability is rated at 40 percent, and the Board has remanded for further action.,Tinnitus was granted service connection, but the rating remains at 10 percent.,Sleep apnea, bilateral hearing loss, chronic neck pain, erectile dysfunction, right inguinal hernia, and an acquired psychiatric disorder are all remanded for further review.,The Veteran's lumbar spine disability is rated at 40 percent, and the Board has remanded for further action.
The deciding factor: The evidence does not support a higher rating for the lumbar spine disability due to limited range of motion and lack of ankylosis.,There are no incapacitating episodes of IVDS that would warrant a higher rating based on this condition.,The Veteran's radiculopathy is rated at 10 percent, which is appropriate given the mild severity of his symptoms.,For other conditions like sleep apnea and bilateral hearing loss, further evidence may be needed to determine if service connection should be granted.
- Claimed conditions
- lumbar spine disability, tinnitus, sleep apnea, bilateral hearing loss, chronic neck pain, erectile dysfunction, right inguinal hernia, acquired psychiatric disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2019
- Citation
- 19174501
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 19174501.
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 appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
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