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
- Hypertension, COPD (Chronic Obstructive Pulmonary Disease), Degenerative Disc Disease of the Thoracic Spine, Anxiety Disorder, not otherwise specified, Lumbar Strain, Radiculopathy of the Left Lower Extremity, Blepharitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 29, 2019
- Citation
- 19167100
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
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