The Veteran's sleep apnea is rated at 50 percent, which includes the use of a CPAP machine. The appeal for COPD and thoracic spine disability is dismissed as service connection has already been established. Lumbar strain and radiculopathy are denied due to lack of incapacitating episodes or ankylosis. Blepharitis does not meet the criteria for a compensable evaluation.
The deciding factor: The Veteran's sleep apnea, rated at 50 percent, includes use of a CPAP machine as required by VA regulations. COPD and thoracic spine disability have already been established through service connection. Lumbar strain is denied due to lack of incapacitating episodes or ankylosis. Radiculopathy is also denied.
- Claimed conditions
- Anxiety Disorder, not otherwise specified, Blepharitis, COPD (Chronic Obstructive Pulmonary Disease), Degenerative Disc Disease of the Thoracic Spine, Hypertension, Lumbar Strain, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 29, 2019
- Citation
- 19167100
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 19167100.
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
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- Granted
The Board has restored the Veteran's 10% rating for hypertension effective December 1, 2025 and denied a rating in excess of 10%. The reduction from 10% to noncompensable was not proper.
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