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
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.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for a TDIU and remanded several service connection claims.
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