The Veteran's radiculopathy of the right upper extremity (associated with IVDS with arthritis of the cervical spine) is granted an effective date of January 28, 2016. The Veteran's service connection for sleep apnea and earlier effective dates for left upper extremity radiculopathy are denied.
The deciding factor: The evidence does not support a finding that the Veteran’s sleep apnea began during active service or is otherwise related to an in-service injury or disease, and his radiculopathy of the right upper extremity was rated as 50% effective January 28, 2016.
- Claimed conditions
- radiculopathy of the right upper extremity, IVDS with arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 4, 2019
- Citation
- 19176830
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 the Veteran's claim for eligibility for assistance in acquiring specially adapted housing or special home adaptation grant as he does not have a permanent and total service-connected disability that meets the criteria.
- Partly granted
The Board granted service connection for cervical strain with degenerative arthritis and IVDS, radiculopathy of the left and right upper extremities, but denied service connection for left knee strain with shin splints, thoracolumbar strain with IVDS, left shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis, right shoulder disability to include shoulder strain with impingement syndrome and rotator cuff tendonitis with calcific tendinitis, and tinnitus.
- Denied
The Board denied service connection for fatigue, traumatic brain injury (TBI), gastroesophageal reflux disease (GERD), left wrist disability, cervical spine disability, radiculopathy of the right upper extremity, and radiculopathy of the left upper extremity as there was no evidence to support a current diagnosis or that these conditions were related to service.
- Partly granted
The Board granted service connection for cervical spine, lumbar spine, right knee, and left knee disabilities, as well as radiculopathy of the upper and lower extremities and an insomnia disorder. However, it denied service connection for instability of the left knee and a disability rating in excess of 10 percent for tinnitus.
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