The Veteran's claim for service connection of a sleep disorder has been reopened, and the Board finds that new evidence received since the last final denial raises a reasonable possibility of substantiating his claim. The claims for higher ratings for thoracolumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy, TDIU, neck condition, and respiratory condition are REMANDED as they involve new evidence or issues not previously addressed.
The deciding factor: The Board finds that the Veteran has submitted new and material evidence sufficient to reopen his claim for service connection of a sleep disorder. However, further development is needed due to the complexity of the claims, including addressing functional loss during flare-ups and repeated use over time, as well as determining whether any respiratory or sleep disorders are related to active service.
- Claimed conditions
- Sleep Disorder, Thoracolumbar Spine Disability (Back Pain), Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy, Neck Condition, Respiratory Condition (claimed as due to undiagnosed illness)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189957
Veterans Law Judge
Decisions by this judge: 1,030 · Granted: 17% (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 19189957.
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 Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Remanded (sent back)
The Board has determined that the Veteran does not have a current right shoulder condition or neck condition, and therefore service connection for these conditions is denied. The claims of service connection for a neck condition as secondary to a service-connected right wrist condition and for bilateral hearing loss are remanded due to insufficient evidence.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
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