The Board has denied a rating in excess of 10 percent for osteoarthritis with residuals, compression fracture T10 and L2. The claims for service connection of cervical spine disability, headaches, right hip disability, left hip disability, and erectile dysfunction are remanded due to inadequate medical opinions.
The deciding factor: The VA examiners did not provide a clear opinion on whether the secondary service connection criteria were met for the cervical spine, headache, right hip, left hip, and ED disabilities.
- Claimed conditions
- Osteoarthritis with residuals, compression fracture T10 and L2, Cervical spine disability, Headaches, Right hip disability, Left hip disability, Erectile dysfunction (ED)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2021
- Citation
- 21024789
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 21024789.
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.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for bladder cancer, erectile dysfunction, and gouty arthropathy due to outstanding VA treatment records not being obtained. The Veteran's request for a referral to a urologist for ED is also remanded. A VA medical opinion is needed regarding the relationship between the Veteran's gouty arthropathy and his service-connected conditions.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
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