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Whole decision: Denied

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).

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