The Board denied an effective date prior to October 3, 2007 for service connection of sleep apnea. The reduction in rating from 20 percent to 10 percent for the Veteran's right hip disability was upheld as supported by evidence showing improvement. The reduction from 40 percent to 20 percent for the lumbar spine disability was also upheld based on evidence indicating improvement.
The deciding factor: The reductions were supported by VA examinations that showed improvement in the Veteran’s conditions, with no significant change after repetitive use testing and no additional limitation of motion found during flare-ups.
- Claimed conditions
- sleep apnea, right hip disability, lumbar spine disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 30, 2019
- Citation
- 19133237
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- 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).
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