The Veteran's lung disorder is granted service connection, but his sleep apnea is denied as not related to active duty or his lung disorder.
The deciding factor: The VA examiner found no clear and unmistakable evidence that the Veteran’s lung disorder preexisted service. The onset of symptoms was during service, and the post-service treatment records show persistence since service. Sleep apnea was attributed to obesity rather than the lung disorder.
- Claimed conditions
- hypoplastic lung, sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 5, 2019
- Citation
- 19142939
Veterans Law Judge
Decisions by this judge: 1,948 · Granted: 29% (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 19142939.
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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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