The Board has granted service connection for sleep apnea as being aggravated by the veteran's service-connected postoperative residuals of a left spine accessory nerve. The claim for service connection for a low back disorder is reopened, and an increased rating for dysthymia; with PTSD, major depression, and generalized anxiety disorder is granted.
The deciding factor: The evidence shows that sleep apnea is more likely than not aggravated by the veteran's service-connected postoperative residuals of the spinal accessory nerve. The additional evidence submitted subsequent to the July 1995 decision relates to an unestablished fact necessary to substantiate the claim and raises a reasonable possibility of substantiating the claim for low back disorder. The veteran's dysthymia; with PTSD, major depression, and generalized anxiety disorder is currently manifested by suicidal and homicidal ideation, apprehension, pessimism regarding his health, prominent depressive symptoms, and severe anxiety.
- Claimed conditions
- sleep apnea, low back disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 21, 2005
- Citation
- 0531389
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 0531389.
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 denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Remanded (sent back)
The Board has remanded the claims for a VA examination and medical opinion to determine if the Veteran's low back disorder and bilateral hip disorder are related to his service-connected Crohn's disease.
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