The Board has denied a higher disability rating for the Veteran's lumbar spine disability due to lack of unfavorable ankylosis. The case is remanded for further examination and opinion regarding lower extremity radiculopathy, sleep apnea, and service connection.
The deciding factor: The evidence does not demonstrate physician prescribed bedrest for the Veteran’s lumbar spine disability, which prevents a higher rating under the alternative rating formula for IVDS. The case is remanded to obtain further examination and opinion regarding lower extremity radiculopathy, sleep apnea, and service connection.
- Claimed conditions
- Lumbar Spine Disability, Obstructive Sleep Apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2020
- Citation
- 20079791
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 20079791.
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 Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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