The Veteran's low back disability, bilateral lower extremity radiculopathy, and TMJ disorder are granted with specific ratings. The issue of a separate compensable rating for urinary incontinence associated with the service-connected back disability is remanded.
The deciding factor: The evidence showed an exacerbation of the Veteran's service-connected back disability on April 14, 2011, and that she filed a claim within one year of the increase in disability. The Veteran's radiculopathy was rated based on its severity during specific periods.
- Claimed conditions
- Low Back Strain (Back Disability), Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy, TMJ Disorder, Residuals of a Dislocation of the Left Small Toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 28, 2023
- Citation
- 23062916
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. Read the original VA decision (opens in a new tab) using citation 23062916.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Whole decision: Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Whole decision: Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Whole decision: Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.