The Veteran's sleep apnea is granted secondary to service-connected conditions. The cervical spine condition is granted a 20% rating from March 25, 2019 onwards and the radiculopathy of the right upper extremity was granted a 20% rating from May 22, 2012 through February 26, 2018. The Veteran's radiculopathy of the right upper extremity is denied in excess of 40% after February 27, 2018.
The deciding factor: The Veteran’s sleep apnea was found to be secondary to his service-connected conditions and granted on a secondary basis. For the cervical spine condition, the VA examiner provided evidence that the Veteran's weight gain due to his service-connected conditions contributed to his current disability. The radiculopathy of the right upper extremity was granted based on its manifestation from May 22, 2012 through February 26, 2018.
- Claimed conditions
- sleep apnea, cervical spine condition, lumbar L3-L4 paracentral annular tear with L4-L5 broad-based disc bulge and degenerative disc disease, radiculopathy of the right upper extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 23, 2019
- Citation
- 19156245
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 19156245.
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 Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- 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.
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