The Board has denied service connection for obstructive sleep apnea (OSA) as it is not shown to be causally or etiologically related to any disease, injury, or incident during service and was not caused or aggravated by a service-connected disability. The Veteran's low back disorder, right shoulder disorder, bilateral hearing loss, urinary disorder, and prostate cancer claims are remanded for further development.
The deciding factor: The Board found that there is no evidence of treatment or diagnoses of any sleep related disorders for many years following service, presumptive service connection is not applicable. The Veteran's lay statements regarding the etiology of his current disorders were considered but deemed less probative than medical records and clinical findings.
- Claimed conditions
- obstructive sleep apnea (OSA), low back disorder, right shoulder disorder, bilateral hearing loss, urinary disorder, prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102850
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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).
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
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