The Veteran's service-connected obstructive sleep apnea is granted as secondary to his service-connected rhinosinusitis and major depressive disorder. His rating for major depressive disorder from January 9, 2015, is granted at 70 percent. The issues of right knee disability, residuals of left testicle surgery, and TDIU are remanded.
The deciding factor: The Veteran's service-connected rhinosinusitis and major depressive disorder aggravated his obstructive sleep apnea, warranting service connection for the condition as secondary to these conditions.
- Claimed conditions
- obstructive sleep apnea, major depressive disorder, right knee disability, residuals of left testicle surgery
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 15, 2019
- Citation
- 19178566
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- 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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