The Veteran's obstructive sleep apnea is not related to service or a service-connected condition.,Herpes was not diagnosed during service and no evidence supports its relation to service. ,Evidence received since the last final rating decision relates to an unestablished fact (migraine headaches) and raises a reasonable possibility of substantiating the claim.,Evidence received since the last final rating decision relates to an unestablished fact (an acquired psychiatric disability) and raises a reasonable possibility of substantiating the claim.,The Veteran's degenerative arthritis of the lumbar spine does not meet criteria for an evaluation in excess of 20 percent.,For the entirety of the appeal period, radiculopathy of the right lower extremity meets criteria for a 10 percent evaluation from January 31, 2013 to January 22, 2016 and from February 28, 2017. It does not meet criteria for an evaluation in excess of 10 percent.,For the entirety of the appeal period, radiculopathy of the right lower extremity meets criteria for a 10 percent evaluation from January 31, 2013 to January 22, 2016 and from February 28, 2017. It does not meet criteria for an evaluation in excess of 10 percent.,For the entirety of the appeal period, radiculopathy of the left lower extremity meets criteria for a 20 percent evaluation from January 31, 2013 to January 22, 2016 and from February 28, 2017. It does not meet criteria for an evaluation in excess of 20 percent.
The deciding factor: The Veteran's conditions were either not related to service or did not meet the criteria for a higher rating.
- Claimed conditions
- obstructive sleep apnea, herpes, migraine headaches, an acquired psychiatric disability (likely posttraumatic stress disorder or schizophrenia), degenerative arthritis of the lumbar spine, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2022
- Citation
- 22007614
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 22007614.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.