The Board granted service connection for sleep apnea and increased the disability ratings for lumbar and cervical spine IVDS with arthritis to 50% and 40%, respectively, from June 12, 2017.
The deciding factor: The evidence was approximately evenly balanced as to whether the Veteran's sleep apnea had its onset in service, and the Board resolved reasonable doubt in favor of the Veteran. For the lumbar and cervical spine disabilities, the symptoms more nearly approximated unfavorable ankylosis when considering flare-ups from June 12, 2017.
- Claimed conditions
- sleep apnea, lumbar spine intervertebral disc syndrome (IVDS) with arthritis, cervical spine IVDS with arthritis, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2025
- Citation
- A25086404
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