The Veteran's appeal for a higher disability rating for obstructive sleep apnea (OSA) is granted effective April 20, 2014. The Veteran's lumbar strain and myofascial syndrome claim is dismissed as the Veteran did not file a timely appeal.
The deciding factor: The Board found that the preponderance of the evidence was against a finding that the Veteran required use of a breathing assistance device such as CPAP prior to April 20, 2014 for OSA. However, since April 20, 2014, the Veteran's symptoms required the use of a CPAP machine.
- Claimed conditions
- lumbar strain, myofascial syndrome, obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 11, 2018
- Citation
- 18156784
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 18156784.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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