The Veteran's sleep apnea is granted as service-connected.,The Veteran's neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy, and left upper extremity radiculopathy are all granted with a 40 percent rating each.,The Veteran's neck disability is remanded for further evaluation.,The Veteran's right lower extremity radiculopathy is remanded for further evaluation.,The Veteran's left lower extremity radiculopathy is remanded for further evaluation.,The Veteran's right upper extremity radiculopathy and left upper extremity radiculopathy are both remanded for further evaluation.
The deciding factor: Service connection granted based on the evidence showing sleep apnea had its onset in service, with reasonable doubt resolved in favor of the Veteran.,Radiculopathies rated as 40 percent each due to moderate and severe incomplete paralysis of the sciatic nerve for both lower extremities, and moderate incomplete paralysis of the upper radicular group nerve for right arm. The ratings are granted based on the evidence showing symptoms consistent with these levels of impairment.,The severity of neck disability has increased since last examination in March 2017, necessitating further evaluation.,The severity of right lower extremity radiculopathy and left lower extremity radiculopathy have increased since last examination in March 2017, necessitating further evaluation.,The severity of right upper extremity radiculopathy and left upper extremity radiculopathy have increased since last examination in March 2017, necessitating further evaluation.
- Claimed conditions
- sleep apnea, neck disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right upper extremity radiculopathy, left upper extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2022
- Citation
- 22005785
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 22005785.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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