The veteran's claim to restore the 20 percent rating for his HNP at L5-S1 on the left has been granted.,The veteran's claim to reopen for service connection for sleep apnea was not supported by new and material evidence, resulting in denial of this claim.,Service connection for hypertension was denied.,Service connection for diabetes mellitus was denied.,Service connection for GERD was denied.,Service connection for a dental disorder was denied.,Secondary service connection for right hip, shoulder, and knee disorders was denied.
The deciding factor: The veteran's claim to restore the 20 percent rating for his HNP at L5-S1 on the left is granted based on the evidence showing that the disability picture associated with this condition more nearly approximates the criteria for a 40 percent schedular evaluation.,The veteran did not serve in Vietnam and there is no presumption of exposure to herbicide agents. There is also no medical evidence linking hypertension or diabetes mellitus to service, nor can it be presumed due to service.,Service connection on a direct basis for sleep apnea was denied by RO action in October 1995 and the veteran did not appeal this decision within one year of receiving notice of such denial. The claim is therefore final.,The veteran's claims for service connection for GERD, diabetes mellitus, and secondary service connection for right hip, shoulder, and knee disorders are denied as there is no showing of a nexus between these conditions and his period of military service or any event thereof.
- Claimed conditions
- Herniated nucleus pulposus (HNP) at L5-S1 on the left, with degenerative disc disease and sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 5, 2007
- Citation
- 0727760
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 0727760.
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
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- Denied
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- Granted
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