The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected cervical spine disability and direct service connection for tinnitus. The claims for shin splints, right leg; shin splints, left leg; muscle pain, right arm; muscle pain, left arm; and ulnar nerve sensory loss, right hand were denied.
The deciding factor: The Board found that the evidence supported a finding of secondary service connection for obstructive sleep apnea due to the Veteran's cervical spine disability. The direct service connection for tinnitus was granted based on the onset in service. However, there was no medical evidence supporting the claims for shin splints and muscle pain.
- Claimed conditions
- obstructive sleep apnea, shin splints, right leg, shin splints, left leg, muscle pain, right arm, muscle pain, left arm, ulnar nerve sensory loss, right hand, tinnitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2009
- Citation
- 0906710
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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 the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
- 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).
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