The Veteran's claim for service connection for a cervical spine disability is granted as new and material evidence has been submitted. However, the preponderance of the evidence does not support a finding that any current cervical spine disability is related to service.,Service connection for aggravation of sleep apnea by service-connected lumbar spine and radiculopathy disabilities is granted in favor of the Veteran.
The deciding factor: The contemporaneous medical records do not corroborate the Veteran's claim that he injured his neck during service, nor does there appear to be any evidence of a continuity of symptomatology since service. The Board finds no in-service injury and concludes that the preponderance of the evidence is against a finding that any current cervical spine disability is related to service.,The December 2018 private physician's opinion supports the Veteran's claim, as it provides a rationale for why his sleep apnea is aggravated by his service-connected lumbar spine and radiculopathy disabilities.
- Claimed conditions
- Cervical spine disability, Sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2019
- Citation
- 19174684
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 19174684.
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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- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
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- Remanded (sent back)
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