The Board has granted separate 10 percent ratings for radiculopathy of the left and right lower extremities associated with service-connected lumbar spine degenerative arthritis. The Veteran's claim for increased rating for his lumbar spine degenerative arthritis, bilateral hearing loss, and erectile dysfunction remains pending. Additionally, the Board has remanded claims for service connection for the cause of death, abdominal aorta aneurysm, and heart condition.
The deciding factor: The preponderance of the evidence does not support increased ratings for the Veteran's lumbar spine degenerative arthritis, bilateral hearing loss, or erectile dysfunction. The claim for service connection for the cause of death is remanded as well.
- Claimed conditions
- Lumbar spine degenerative arthritis, Radiculopathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178534
Veterans Law Judge
Decisions by this judge: 1,812 · Granted: 30% (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 19178534.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Granted
The July 2024 rating decision granted service connection for degenerative disc disease of the lumbar spine and radiculopathy of the bilateral lower extremities, with initial ratings of 10 percent each. The past-due benefits awarded are contested.
- Granted
The Veteran is granted special monthly compensation (SMC) at the O and r-1 rates due to service-connected disabilities, including PTSD, Chronic Fatigue Syndrome, bilateral knee conditions, and lumbar spine degenerative arthritis. The need for aid and attendance is based on these service-connected conditions.
- Denied
The Veteran's claim for a compensable evaluation for GERD is denied as there was no evidence of symptomatology warranting such a rating prior to May 19, 2024.,The Veteran's claim for an increased evaluation for PTSD is denied as the record does not show worsening symptoms within one year before December 31, 2021.,The Veteran's claims for service connection for radiculopathy of the bilateral lower and upper extremities are denied as there was no evidence of such conditions within a year prior to December 31, 2021.,There is no effective date earlier than December 31, 2021, for any of these claims.
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