The Veteran's headaches, back disability, sleep apnea, and diverticulitis are all granted service connection. The left knee chondromalacia is denied. Service connection for hypertension and a left testicular disorder are also denied.,Service connection for the cervical spine disability was granted with an initial 20% rating prior to July 9, 2018, but no higher.
The deciding factor: The evidence established that the Veteran had headaches in service and they have persisted since then. The back disability manifested within a year of discharge from active duty. Sleep apnea was also found to have onset during service. Diverticulitis is believed to have started in service as well. There was no clear and unmistakable evidence showing aggravation of any pre-existing conditions.,The Veteran's cervical spine disability met the criteria for an initial 20% rating, but not higher.
- Claimed conditions
- headaches, back disability, sleep apnea, diverticulitis, left knee chondromalacia, hypertension, left testicular disorder, stomach ulcers
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 15, 2019
- Citation
- 19178367
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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