The Veteran's sleep apnea was rated at 50 percent since October 1, 2005.,For the cervical spine disability, a rating in excess of 30 percent is not warranted. The Veteran has forward flexion limited to 20 degrees and lateral flexion limited to 15 degrees on each side.,The lumbar spondylosis with degenerative joint disease was rated at 10 percent prior to August 3, 2006; a rating in excess of 20 percent is not warranted from that date onwards. The Veteran's range of motion has been limited due to pain on motion.,Right shoulder tendonitis was rated at 10 percent prior to November 1, 2007 and thereafter. The Veteran had right arm range of motion restricted to shoulder level due to pain on motion.,Left wrist tendonitis (residual of a left wrist injury) is service connected.,No residuals of the left foot injury are service connected.,Erectile dysfunction was service connected, but no compensable rating is warranted.,Varicocelectomy is not service connected.,Right index finger fracture and left index finger fracture were not service connected.
The deciding factor: The Veteran's conditions did not meet the criteria for higher ratings based on their severity or associated neurologic abnormalities. The Veteran also failed to demonstrate any unfavorable ankylosis of the spine, which would warrant a higher rating.
- Claimed conditions
- Sleep Apnea, Cervical Spine Disability, Lumbar Spondylosis with Degenerative Joint Disease, Right Shoulder Tendonitis, Status Post Nasal Fracture, Herpes Simplex Type II, Scars of Second Digits of Both Hands, Left Wrist Tendonitis (Residual of Left Wrist Injury), Left Foot Injury, Erectile Dysfunction (Status Post Left Varicocelectomy), Right Index Finger Fracture, Left Index Finger Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 3, 2010
- Citation
- 1020372
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 1020372.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
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