The Veteran's OSA with asthma is rated at 50 percent, effective June 1, 2011. The Board denied a higher rating as the evidence did not show chronic respiratory failure or tracheostomy.,Gout was granted an initial 20 percent rating, effective June 1, 2011. The Veteran had at least four gout flares per year and his medication controlled his symptoms.,Migraines were denied a compensable rating as the evidence did not show prostrating attacks averaging one in two months over the last several months.,Right shoulder disability was granted a 30 percent rating effective March 26, 2019. The Veteran had limitation of motion at shoulder level and midway between side and shoulder level.,Bilateral upper extremity neurological disability was granted a 10 percent rating prior to March 26, 2019, but denied any higher rating thereafter.,Left upper extremity neurological disability was denied any higher rating.
The deciding factor: The Veteran's OSA with asthma required use of a CPAP/BiPAP machine and did not cause chronic respiratory failure or require tracheostomy. Gout had at least four flares per year, warranting a 20 percent rating. Migraines did not meet the criteria for prostrating attacks averaging one in two months over the last several months. Right shoulder disability met the criteria for limitation of motion at shoulder level and midway between side and shoulder level. Bilateral upper extremity neurological disability had moderate incomplete paralysis, warranting a 30 percent rating. Left upper extremity neurological disability did not meet the criteria for higher ratings.
- Claimed conditions
- Obstructive Sleep Apnea with Asthma, Gout, Migraines, Right Shoulder Degenerative Changes of the Acromioclavicular Joint Status-post SLAP Repair (right shoulder disability), Polyradiculopathy/Neuropathy and Carpal Tunnel Syndrome (right upper extremity disability), Polyradiculopathy/Neuropathy and Carpal Tunnel Syndrome (left upper extremity disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 9, 2020
- Citation
- 20024353
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. Read the original VA decision (opens in a new tab) using citation 20024353.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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