The Veteran's claim for service connection for sleep apnea, including as a sleep disorder due to an undiagnosed illness is denied because there is no evidence of such condition in-service or within one year post-service.,The Veteran's claim for increased evaluation for radiculopathy of the right lower extremity is also denied as his current disability does not meet the criteria for a 40 percent rating, which would be required to grant an increased evaluation.
The deciding factor: There is no evidence of sleep apnea or any other sleep disorder in-service. The Veteran's STRs are silent on this condition and there is no indication of such condition within one year post-service.,The current radiculopathy of the right lower extremity does not meet the criteria for a 40 percent rating, which would be required to grant an increased evaluation.
- Claimed conditions
- Sleep Apnea, Radiculopathy of the Right Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2020
- Citation
- 20042315
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 20042315.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Denied
The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
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