The Board granted a disability rating of 40 percent, but not higher, for the Veteran's thoracolumbar back condition and separate ratings of 20 percent for right leg radiculopathy, service connection for left knee strain as secondary to the service-connected right knee strain, and service connection for sleep apnea.
The deciding factor: The Board resolved reasonable doubt in favor of the Veteran by granting a higher rating based on the functional limitation during flare-ups, which approximated forward flexion to 25 degrees or less, but did not find evidence supporting a 50 percent rating due to unfavorable ankylosis.
- Claimed conditions
- thoracolumbar back condition, right leg radiculopathy, left knee strain, sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 7, 2025
- Citation
- A25057987
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
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.