The Board has granted service connection for upper back disorder, rhinitis, and sleep apnea. The Veteran's thoracic spine spondylosis was diagnosed in service and is not attributable to intercurrent causes. Rhinitis existed prior to service entrance but the Board found clear and unmistakable evidence of aggravation by service. Sleep apnea manifested during active duty.
The deciding factor: The Board determined that there was no preexisting condition noted at entry into service for rhinitis, thus presuming soundness upon entry. However, the Veteran's consistent acknowledgment of having allergies all his life constituted clear and unmistakable error, leading to a finding that he had a pre-existing condition.
- Claimed conditions
- upper back disorder, rhinitis, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2018
- Citation
- 18154489
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 18154489.
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.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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