The Veteran's service connection claim for obstructive sleep apnea and PTSD with depressive disorder NOS and substance abuse was denied. The rating for PTSD prior to June 21, 2017, also failed to meet the criteria for a higher rating.
The deciding factor: The VA examiner found that the Veteran’s obstructive sleep apnea did not originate in service or is otherwise directly related to his military service and service-connected conditions. The Board gave more probative weight to the January 2016 VA examiner's opinion, which concluded that the Veteran's obstructive sleep apnea was less likely than not related to his service-connected PTSD with depressive disorder NOS and substance abuse.
- Claimed conditions
- obstructive sleep apnea, PTSD with depressive disorder NOS and substance abuse
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101260
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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