The Veteran's OSA was not incurred or aggravated by service, including exposure to toxins during his deployment in the Southwest Asia theater. The Board found that the condition is due to his congenital narrow airway and large neck size.
The deciding factor: The VA examiner concluded that the Veteran’s OSA is due to his congenital narrow airway and large neck size, which are not service-connected factors.
- Claimed conditions
- Obstructive Sleep Apnea, Chronic Fatigue Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2020
- Citation
- 20003935
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
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