The Veteran's appeals for increased ratings and earlier effective dates were dismissed.,Service connection for obstructive sleep apnea was granted as secondary to service-connected PTSD.
The deciding factor: The Board found that the evidence demonstrated that the Veteran’s OSA was at least as likely as not proximately due to or aggravated by his service-connected PTSD, and thus granted service connection on a secondary basis.
- Claimed conditions
- Obstructive Sleep Apnea, Bilateral Hearing Loss, Insomnia (now claimed as sleep condition), Degenerative Joint Disease of the Right Hip, Degenerative Joint Disease of the Left Hip, Degenerative Joint Disease of the Right Knee, Left Knee Disability, Spinal Stenosis, Neck Condition, Cataracts, secondary to Diabetes Mellitus Type II, Diabetes Mellitus, Prostate Cancer, Unspecific Idiopathic Peripheral Neuropathy of the Right Upper Extremity, Unspecific Idiopathic Peripheral Neuropathy of the Right Lower Extremity, Unspecific Idiopathic Peripheral Neuropathy of the Left Lower Extremity, Erectile Dysfunction, Scar of the Lower Abdomen
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 9, 2020
- Citation
- 20072093
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
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