The Veteran's sleep apnea is currently rated at 50 percent, but the Board finds that a higher rating is not warranted.,The Veteran's lumbosacral strain is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, but the Board finds that a higher rating is not warranted.,The Veteran's right lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent, and the Board finds that a higher rating is not warranted.,The Veteran's right shoulder strain is currently rated at 40 percent, which is the maximum schedular rating permitted for limitation of motion of the arm of the major extremity.
The deciding factor: The evidence does not support finding chronic respiratory failure or cor pulmonale, or the requirement for a tracheostomy, as required for a 100 percent disability rating under DC 6847.,The Veteran's lumbosacral strain is currently rated at 40 percent and the Board finds that a higher rating is not warranted based on the current evidence of record.,The Veteran's left lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the current evidence of record.,The Veteran's right lower extremity radiculopathy, sciatic nerve, is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the current evidence of record.,The Veteran's right shoulder strain is currently rated at 40 percent which is the maximum schedular rating permitted for limitation of motion of the arm of the major extremity.
- Claimed conditions
- sleep apnea, lumbosacral strain, left lower extremity radiculopathy, sciatic nerve, right lower extremity radiculopathy, sciatic nerve, right shoulder strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 14, 2023
- Citation
- A23035836
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. Read the original VA decision (opens in a new tab) using citation A23035836.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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