The Board has granted the reopening of claims for service connection for a cervical spine disorder, but denied the reopening of claims for obstructive sleep apnea and thoracic and lumbar spondylosis. The case is remanded for further development.
The deciding factor: The new evidence submitted by the Veteran does not establish a direct relationship between his current cervical spine disorder and service, while the evidence regarding OSA and spondylosis fails to raise a reasonable possibility of substantiating the claims.
- Claimed conditions
- obstructive sleep apnea (OSA), thoracic and lumbar spondylosis, cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2020
- Citation
- 20001631
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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