The Veteran's respiratory condition, including COPD and OSA, is rated at 30 percent from April 28, 2011, and at 50 percent from May 14, 2019. The right lower extremity radiculopathy is currently rated at 10 percent. Other issues related to service connection or disability ratings are being remanded for further development.
The deciding factor: The Veteran's respiratory condition has not met the criteria for higher ratings under Diagnostic Codes 6847 and 6604, while his right lower extremity radiculopathy meets the criteria for a 30 percent rating from April 28, 2011.
- Claimed conditions
- {"condition_name":"Respiratory Condition to include COPD and OSA"}, {"condition_name":"Right lower extremity radiculopathy"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20001050
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.