The Veteran's service-connected obstructive sleep apnea, right and left lower extremity radiculopathy, and lumbar spine strain with degenerative arthritis have been granted. The initial disability ratings for the right and left lower extremity radiculopathies are set at 20 percent each, while the lumbar spine strain is denied a rating in excess of 40 percent.
The deciding factor: The evidence established chronicity of sleep apnea symptoms during service, and the examiner's opinion supported this finding. The right and left lower extremity radiculopathies were found to be moderate incomplete paralysis, warranting initial 20% disability ratings. The lumbar spine strain did not meet criteria for a higher rating.
- Claimed conditions
- {"conditionName":"Obstructive Sleep Apnea"}, {"conditionName":"Radiculopathy, Right Lower Extremity (Sciatic Nerve)"}, {"conditionName":"Radiculopathy, Left Lower Extremity (Sciatic Nerve)"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 22, 2024
- Citation
- A24049414
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 A24049414.
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 finds that the evidence does not support a finding of service connection for obstructive sleep apnea, as it was not caused or aggravated by active service. The Veteran's current condition is more likely related to age and/or post-service weight gain.
- Denied
The Veteran's claim for service connection for obstructive sleep apnea was denied as there is no competent and credible evidence linking the condition to service. The Board found that the preponderance of the evidence did not support a grant of service connection on either direct or secondary basis.
- Granted
The Veteran's service-connected PTSD has been granted and is currently rated at 70 percent.,Obstructive sleep apnea was also found to be related to the Veteran's military service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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