The Veteran's request to reopen his claim of entitlement to service connection for gingivitis for compensation purposes is denied. His claims for increased ratings for lumbar spine degenerative disc disease and radiculopathy of the left lower extremity are remanded.
The deciding factor: The October 2011 rating decision denying service connection for gingivitis was final, as no new and material evidence has been received to reopen this claim. The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent under Diagnostic Code 5242.
- Claimed conditions
- gingivitis, lumbar spine degenerative disc disease, radiculopathy of the left lower extremity femoral nerve, radiculopathy of the left lower extremity sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 25, 2021
- Citation
- 21032043
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 21032043.
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 decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Denied
The Board has denied the Veteran's claim for service connection for gingivitis as there is no evidence of a compensable dental disability.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
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