The Veteran's initial rating for obstructive sleep apnea is denied as it does not meet the criteria for a higher than 50 percent rating.,The Veteran's initial rating for chronic neck pain (neck disability) is denied as it does not meet the criteria for a higher than 20 percent rating.,The Veteran's increased rating for low back pain (back disability) is denied as it does not meet the criteria for a higher than 10 percent rating.,The Veteran's increased rating for left shoulder impingement (left shoulder disorder) is denied as it does not meet the criteria for a higher than 20 percent rating.,The Veteran's increased rating for right shoulder impingement (right shoulder disorder) is denied as it does not meet the criteria for a higher than 20 percent rating.,The Veteran's initial rating for deviated nasal septum is granted with a 10 percent rating.
The deciding factor: The evidence shows that the Veteran's obstructive sleep apnea requires use of a CPAP machine, which is already adequately contemplated by his current 50 percent rating.,The evidence does not show ankylosis or comparable symptoms as the Veteran can move his neck and it is not fixed in one position. Therefore, he is not entitled to a higher than 20 percent rating for his neck disability.,The evidence shows flexion of the cervical spine at worst to 25 degrees with pain, including after consideration of flare-ups and repetitive use. The Veteran's symptoms are adequately compensated by his current 20 percent rating.,The Veteran does not have upper extremity radiculopathy as determined by the VA examiner, so separate ratings for numbness in fingers are not warranted.,The ameliorative effects of medication on the severity of the Veteran's musculoskeletal disabilities were considered and discounted.
- Claimed conditions
- obstructive sleep apnea, chronic neck pain (neck disability), low back pain (back disability), left shoulder impingement (left shoulder disorder), right shoulder impingement (right shoulder disorder), deviated nasal septum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2026
- Citation
- A26009283
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 A26009283.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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