The Board has granted service connection for DDD of the lumbar spine, bilateral radiculopathy of the lower extremities, and depression as secondary to service-connected disabilities. The appellant's OSA was also found to be secondary to his service-connected jaw disability.,A rating greater than 30 percent prior to May 3, 2017, and in excess of 40 percent thereafter for residuals of surgery for maloccluded jaws is denied.

The deciding factor: The evidence supports the finding that the appellant's DDD of the lumbar spine, bilateral radiculopathy of the lower extremities, depression, and OSA are all secondary to his service-connected disabilities. The inter-incisal range of motion in the jaw disability was found to be limited to 10 mm or less at multiple points during the appeal period.,The maximum schedular rating for residuals of surgery for maloccluded jaws is 40 percent, and this has been assigned since May 3, 2017. The appellant's inter-incisal range of motion was found to be limited to 10 mm or less at multiple points during the appeal period.

Claimed conditions

Bilateral radiculopathy of the lower extremities, Degenerative Disc Disease (DDD) of the lumbar spine, Depression, Obstructive Sleep Apnea (OSA)

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

40%

Decision date

December 5, 2019

Citation

19191559

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 19191559.