The Veteran's obstructive sleep apnea is found to have had its onset during active service, and he is granted service connection. For his left knee disability, a temporary total rating for partial knee replacement is granted effective April 30, 2007, with a subsequent rating of 10% following the temporary total period.
The deciding factor: The Veteran's obstructive sleep apnea was found to have had its onset during active service and his symptoms are consistent with those observed in service. The VA examiner's opinion is considered inadequate due to misstating the medical history, while the private physician's opinion supports the claim by indicating a strong possibility that the symptoms experienced in service were the basis for later diagnosed obstructive sleep apnea.
- Claimed conditions
- Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 16, 2017
- Citation
- 1745980
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 1745980.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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