The Veteran's lumbar spine disability is rated at 20 percent from December 29, 2020 to August 1, 2022. The Board has remanded the issue of an initial compensable evaluation for bilateral lower extremity radiculopathy. Effective dates have been granted for service connection for bilateral lower extremity radiculopathy and sleep apnea (OSA), but not for tinnitus.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating due to lack of forward flexion or ankylosis, which are required for ratings above 20 percent under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- osteoarthritis of the lumbar spine, bilateral lower extremity radiculopathy associated with service-connected lumbar spine disability, sleep apnea (OSA), tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 17, 2024
- Citation
- A24084110
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 A24084110.
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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