The Veteran's lumbar spine disability is granted at a higher rating of 20 percent since February 14, 2019. The issue of service connection for sleep apnea is remanded.
The deciding factor: The evidence does not support the grant of a higher rating prior to February 14, 2019, but supports a higher rating of 20 percent since that date due to muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2020
- Citation
- 20025980
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 20025980.
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 Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
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