The Veteran's low back condition is rated at 40 percent, and the Board has granted a 20 percent rating for right lower extremity radiculopathy and left lower extremity radiculopathy. The appeal regarding service connection for obstructive sleep apnea and erectile dysfunction is remanded.
The deciding factor: The Veteran's low back condition was found to not meet criteria for an increased rating beyond the current 40 percent, but his bilateral lower extremity radiculopathies were found to warrant a 20 percent rating each. The service connection claims for obstructive sleep apnea and erectile dysfunction are remanded.
- Claimed conditions
- Low back condition, Obstructive sleep apnea, Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 25, 2024
- Citation
- 24003937
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 24003937.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has granted the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Remanded (sent back)
The Board has remanded the claims for further development due to insufficient evidence and need for additional examinations.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- 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.
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