The Veteran's sleep apnea disability is denied as there is no evidence of its onset during service or a relationship to an in-service injury.,The right wrist carpal tunnel syndrome is not considered secondary to the Veteran's service-connected cervical spine, chronic right shoulder, and/or lumbar spine disabilities. The examiner found these conditions are anatomically distinct.,Bilateral hearing loss does not meet the criteria for a compensable rating as the average pure tone threshold in both ears is below 25 decibels at 1000 Hertz and above 70 decibels at 2000 Hertz, resulting in Level I ratings in both ears.,The Veteran's cervical spine disability does not meet the criteria for a rating in excess of 20 percent as his forward flexion is greater than 15 degrees but not greater than 30 degrees. The examiner found no evidence of aggravation by other service-connected conditions.,A 20 percent disability rating for right upper extremity cervical radiculopathy beginning June 29, 2009 and a 20 percent disability rating for left upper extremity cervical radiculopathy beginning June 29, 2009 are granted.
The deciding factor: The preponderance of the evidence does not support finding that the Veteran's sleep apnea began during service or is related to an in-service injury.,The right wrist carpal tunnel syndrome was found to be a separate and distinct condition from the cervical spine, chronic right shoulder, and/or lumbar spine disabilities. The examiner concluded there is no causal relationship between these conditions.,The Veteran's bilateral hearing loss does not meet the criteria for a compensable rating as his pure tone thresholds are below 25 decibels at 1000 Hertz in both ears and above 70 decibels at 2000 Hertz in one ear, resulting in Level I ratings.,The Veteran's cervical spine disability does not meet the criteria for a rating in excess of 20 percent as his forward flexion is greater than 15 degrees but not greater than 30 degrees. The examiner found no evidence of aggravation by other service-connected conditions.,A 20 percent disability rating was granted based on mild bilateral upper extremity cervical radiculopathy beginning June 29, 2009.
- Claimed conditions
- Obstructive sleep apnea, Right wrist carpal tunnel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2020
- Citation
- 20060850
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 20060850.
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Related decisions
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- Remanded (sent back)
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- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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