The Veteran's claim for a rating in excess of 20 percent for his cervical spine disability was denied. The Board found that the evidence did not support an evaluation higher than 20 percent.,The Veteran's claim for an effective date prior to July 19, 2017, for service-connected OSA was also denied. The Board determined that the earliest possible effective date is July 19, 2017.
The deciding factor: The evidence did not support a higher evaluation for the Veteran's cervical spine disability due to lack of findings of ankylosis or forward flexion limited to 15 degrees or less.,There was no earlier effective date as the earliest possible effective date is July 19, 2017, which is when the claim for service connection was received.
- Claimed conditions
- Cervical spine disability, Obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 18, 2023
- Citation
- 23056791
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 23056791.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
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