The Veteran's sleep apnea is granted as secondary to his service-connected psychiatric disorder and medications. A temporary total rating for convalescence following back surgery is granted, with a 40% rating for the back disability from October 1, 2011 to January 17, 2016. The Veteran's claim for a higher rating for the back disability after January 18, 2016 is denied. His acquired psychiatric disorder does not meet criteria for a TDIU. A total disability rating for individual unemployability (TDIU) is granted.
The deciding factor: The evidence supports service connection for sleep apnea as secondary to his service-connected psychiatric disorder and medications.
- Claimed conditions
- sleep apnea, degenerative arthritis of the lumbar spine, lumbar spinal stenosis, L5-S1 epidural fibrosis with severe nerve root compress, L5-S1 spondylolisthesis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 3, 2019
- Citation
- 19167716
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 19167716.
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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