The Board denied service connection for obstructive sleep apnea, right hip disability, and right knee disability as not related to the Veteran's lumbar spine disability or otherwise related to service. The claim to reopen a pinched nerve in the cervical spine with headaches was also denied due to lack of new and material evidence. The denial included initial and increased rating claims for shingles, degenerative arthritis of the lumbar spine, radiculopathy of both lower extremities, and granted an evaluation of 60 percent for shingles from August 12, 2020, as well as a TDIU from May 15, 2014 to August 12, 2020.
The deciding factor: The evidence did not support a finding that the Veteran's obstructive sleep apnea, right hip disability, and right knee disability were related to his lumbar spine disability or otherwise related to service. The claim to reopen was denied due to lack of new and material evidence. The denial included initial and increased rating claims for shingles, degenerative arthritis of the lumbar spine, radiculopathy of both lower extremities, with an exception for a 60 percent evaluation from August 12, 2020.
- Claimed conditions
- Obstructive Sleep Apnea, Right Hip Disability, Right Knee Disability, Pinched Nerve in the Cervical Spine with Headaches, Shingles, Degenerative Arthritis of the Lumbar Spine, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2021
- Citation
- 21062999
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.