The Veteran's sleep apnea was not incurred in service and is unrelated to service.,For the period prior to April 3, 2012, the Veteran's cervical spine disability did not meet or approximate criteria for a rating higher than 20 percent. For the period from April 3, 2012, the Veteran's cervical spine disability meets criteria for a 30 percent evaluation.,For the period prior to April 3, 2012, the Veteran's right arm radicular symptoms did not meet or approximate criteria for a rating higher than 30 percent. For the period from April 3, 2012, the Veteran's right arm radicular symptoms meet criteria for a 50 percent evaluation.
The deciding factor: The VA examiner concluded that the Veteran’s sleep apnea is not related to service and provided a reasoned opinion based on review of the claims file.
- Claimed conditions
- Sleep Apnea, Degenerative Disc and Joint Disease of the Cervical Spine, Right Arm Radicular Symptoms with Minimal Contraction Deformity of the Right Fifth Finger
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2014
- Citation
- 1434998
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 1434998.
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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The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- 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.
- 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.
- Denied
The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
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