The Veteran's sleep apnea is granted as secondary to his service-connected degenerative disc disease with L4-5 minimal grade 1 anterolisthesis and L5-S1 minimal retrolisthesis of the lumbar spine. The initial disability rating for his degenerative disc disease remains at 40 percent since July 17, 2016.
The deciding factor: The VA examiner found that the Veteran's obesity was a direct cause of his sleep apnea and thus secondary to his service-connected lumbar spine disability.
- Claimed conditions
- obesity, sleep apnea, degenerative disc disease with L4-5 minimal grade 1 anterolisthesis and L5-S1 minimal retrolisthesis of the lumbar spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 21, 2018
- Citation
- 18103687
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 18103687.
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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