The Veteran's lumbar strain is not entitled to an initial rating in excess of 10 percent prior to January 30, 2019 and in excess of 20 percent thereafter.,The Veteran's OSA is not entitled to a rating in excess of 50 percent.,The Veteran's headaches are not entitled to an initial compensable rating prior to November 30, 2019.
The deciding factor: The evidence does not meet the criteria for higher ratings under the applicable diagnostic codes due to lack of forward flexion and range of motion.,The Veteran's OSA is rated at 50 percent based on moderate severity requiring a CPAP machine, which does not warrant an increased rating.,The Veteran has reported headaches since 2012 but no specific evidence addressing the period prior to November 30, 2019 was considered.
- Claimed conditions
- lumbar strain, obstructive sleep apnea (OSA), headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001786
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23001786.
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 determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim for service connection for headaches was reopened due to new and material evidence, and the Board found that his current headaches are related to service. Service connection is granted.
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