The Board has granted service connection for cervical spine, lumbar spine, left foot, chronic fatigue syndrome, and obstructive sleep apnea disabilities. The claims for seizure disorder and blackouts/convulsions have been reopened.,Service connection was also granted for chronic sinusitis and lung cancer.
The deciding factor: The evidence is in relative equipoise as to whether the appellant's current cervical spine, lumbar spine, left foot, chronic fatigue syndrome, chronic sinusitis, and lung cancer disabilities are causally related to his active service. The Board has therefore granted these claims based on this presumption of service connection for Gulf War veterans.
- Claimed conditions
- Seizure disorder, Chronic fatigue syndrome, Cervical spine disability, Lumbar spine disability, Left foot disability (plantar fasciitis), Chronic sinusitis, Lung cancer, Obstructive sleep apnea, Irritable bowel syndrome
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2018
- Citation
- 18151822
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 18151822.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection due to errors in the initial decision and a need for additional medical opinions regarding the Veteran's gastrointestinal condition and right shoulder disability.
- 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.
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