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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1020372.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Whole decision: Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.