The Board has determined that the Veteran's sleep apnea was incurred in service and granted service connection. The Veteran's herniated nucleus pulposus L3-L4 with degenerative joint disease L4-L5 and L5-S1 is currently rated at 10 percent, but does not meet criteria for a higher rating.
The deciding factor: The Board found clear and unmistakable evidence that the sleep apnea preexisted service and was not aggravated by service. The Veteran's herniated nucleus pulposus with degenerative joint disease did not meet the criteria for an increased rating as it did not result in incapacitating episodes or severe muscle spasm, guarding, or localized tenderness.
- Claimed conditions
- sleep apnea, herniated nucleus pulposus L3-L4 with degenerative joint disease L4-L5 and L5-S1
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 12, 2013
- Citation
- 1325467
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 1325467.
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.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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