The Veteran's obstructive sleep apnea is granted as secondary to his service-connected disabilities. The Veteran is denied a higher rating for tinnitus and hearing loss, but TDIU from April 1, 2011 to April 12, 2012 is granted.
The deciding factor: The Veteran's obstructive sleep apnea was found to be aggravated by his service-connected asthma and opiate pain medications used for treatment of other disabilities. The Veteran is already receiving the highest disability compensation possible since April 12, 2012, and TDIU is granted from April 1, 2011 to April 12, 2012.
- Claimed conditions
- obstructive sleep apnea, tinnitus, bilateral hearing loss, asthma, left subchondral cyst affecting the left shoulder, cervical radiculopathy, bilateral plantar fasciitis, cervical spine degenerative disc disease (DDD)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 8, 2019
- Citation
- 19177395
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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