The Veteran's claim for a rating in excess of 10 percent for degenerative arthritis of the cervical spine was denied. The VA medical examination showed that the Veteran had forward flexion to at least 45 degrees, extension to at least 35 degrees, right lateral flexion to 38 degrees, left lateral flexion to 40 degrees, right rotation to 60 degrees, and left rotation to 55 degrees. The combined range of motion was 273 degrees.
The deciding factor: The Veteran's cervical spine disability did not meet the criteria for a higher rating as his forward flexion exceeded 45 degrees and he had no incapacitating episodes or abnormal gait/spinal contour.
- Claimed conditions
- sleep apnea, degenerative joint disease (DJD) of the bilateral hips, degenerative joint disease (DJD) of the bilateral knees, numbness in the left thigh and hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 31, 2010
- Citation
- 1012015
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 1012015.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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