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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
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