The Veteran's appeals for increased ratings for obstructive sleep apnea with asthma, degenerative arthritis of the spine, and right shoulder degenerative arthritis have been denied. The current ratings are deemed appropriate based on the evidence provided.
The deciding factor: The evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Obstructive Sleep Apnea with Asthma, Degenerative Arthritis of the Spine, Status Post Compression Fracture T-12, Right Shoulder Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004409
Veterans Law Judge
Decisions by this judge: 828 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004409.
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.
- Denied
The Veteran's appeal for an increased rating for his right shoulder disability and scar was denied. The Board found that the evidence did not support a higher rating based on limitation of motion or other criteria.
- Denied
The Veteran's right shoulder replacement resulted in intermediate degrees of residual weakness, pain, or limitation of motion, with flexion and abduction limited to 100 degrees. The claim for a higher initial rating is denied.
- Partly granted
The Veteran's PTSD is granted a higher initial rating of 70 percent, while the claim for a higher disability rating for obstructive sleep apnea with asthma is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
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