The Veteran's OSA is granted as service-connected, effective from the date of his separation from active duty.,A 10 percent disability rating for sciatica is granted, effective January 13, 2011. The low back condition remains at a 10 percent rating.,Service connection for the Veteran's low back condition is granted with an earlier effective date of January 1, 2009.
The deciding factor: The evidence supports that the Veteran’s OSA began during his period of active service and is related to his obesity, which is a well-established risk factor for sleep apnea.,The Veteran's sciatica has been characterized as incomplete paralysis with mild symptoms. The current rating of 10 percent adequately reflects this condition.,Service connection was previously denied but the evidence now supports that the low back condition began during service and should be granted with an earlier effective date.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Degenerative Disc Disease of the Lumbar Spine, Lumbar Radiculopathy (Sciatica)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 30, 2019
- Citation
- 19107337
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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