The Veteran's cervical spine disability is currently rated as 20 percent disabling. The Board denied an increased evaluation, finding that the evidence did not show limitation of motion to less than 15 degrees in forward flexion or a combined range of motion less than 170 degrees.,Service connection for sleep apnea was denied because there was no medical evidence linking it to the service-connected cervical spine disability. The Board found that the Veteran's sleep apnea is more likely due to other factors such as age, weight, and family history.
The deciding factor: The Veteran’s sleep apnea is not proximately due or aggravated by his service-connected cervical spine disability.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 31, 2018
- Citation
- 18106715
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 18106715.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
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