The Veteran's right upper arm radiculopathy is found to be secondary to his service-connected cervical spine disorder. For the entire appeal period, he has degenerative joint disease of the lumbar spine with a combined range of motion limited to 235 degrees or less and no associated neurologic impairment. For the period prior to December 23, 2009, his sleep apnea was not manifested by persistent daytime hypersomnolence or use of a breathing assistance device; however, beginning from that date, it is not manifested by chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor did he require a tracheotomy.
The deciding factor: The Veteran's right upper arm radiculopathy was found to be secondary to his service-connected cervical spine disorder. For the entire appeal period, his degenerative joint disease of the lumbar spine met the criteria for a 10 percent rating under Diagnostic Code 5243 (degenerative arthritis). His sleep apnea did not meet the criteria for an initial compensable rating prior to December 23, 2009, and in excess of 50 percent thereafter.
- Claimed conditions
- Right upper arm radiculopathy, Degenerative joint disease of the lumbar spine, Sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 12, 2015
- Citation
- 1534373
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 1534373.
What this means for you
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What you can do next
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