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
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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