The Veteran's obstructive sleep apnea is granted as secondary to the service-connected residuals of shell fragment wound. The right hip DJD, impairment of the thigh, and muscle injury are all rated at 50 percent. The deep and nonlinear scar on the right lower extremity is rated at 10 percent, while the superficial and linear scar is rated at 0 percent. Service connection for PTSD is granted.
The deciding factor: The Veteran's obstructive sleep apnea was found to be caused by or worsened by the service-connected residuals of a shell fragment wound, which resulted in respiratory depression due to opioid medications prescribed for treatment of the service-connected condition.
- Claimed conditions
- Obstructive Sleep Apnea, Right Hip DJD (Dystrophic Osteoarthritis), Impairment of Right Thigh, Muscle Group XVII Injury, Deep and Nonlinear Scar on Right Lower Extremity, Superficial and Linear Scar on Right Lower Extremity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 10, 2019
- Citation
- 19102548
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 19102548.
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 service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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