The Board has remanded the Veteran's claims for a rating in excess of 10 percent for his lumbar spine disability and service connection for sleep apnea due to potential deficiencies in the VA examinations provided.
The deciding factor: The VA examinations did not provide sufficient information regarding flare-ups and their impact on range of motion, necessitating additional evaluations.
- Claimed conditions
- Degenerative disc disease and arthritis, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2022
- Citation
- 22028394
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 22028394.
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 Veteran's claim for a higher rating for his lumbar spine disability is denied as of November 5, 2022. The Board has found that the evidence does not support a change to the assigned 20 percent rating due to lack of functional limitation significant enough to more nearly approximate flexion restricted to 30 degrees or favorable ankylosis of the entire thoracolumbar spine. The claim for a higher rating prior to November 5, 2022 is remanded as the VA examination did not provide an opinion regarding the severity during flare-ups and after repeated use over time throughout the period on appeal.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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