The Board granted the Veteran's claims for service connection for OSA and HTN, as well as a rating of 40 percent for cervical spine radiculopathy. The issues related to ED were withdrawn by the Veteran. Effective dates prior to May 8, 2014, for the grant of service connection with an evaluation of 10 percent for right upper extremity (RUE) and RLE radiculopathy were denied.
The deciding factor: The Board found that the Veteran's OSA was caused by his service-connected cervical spine disability, which is a secondary service connection scenario. The rating of 40 percent for cervical spine radiculopathy was granted based on moderate to moderately severe incomplete paralysis.
- Claimed conditions
- Erectile Dysfunction (ED), Hypertension (HTN), Obstructive Sleep Apnea (OSA), Degenerative Joint Disease (DJD) of the cervical spine, Lumbar Degenerative Disc Disease (DDD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 14, 2021
- Citation
- 21042843
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 21042843.
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
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Other Board decisions on a similar condition or argued the same way.
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
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The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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