The Veteran's service connection for sleep apnea is granted. However, the Veteran's claim for an initial rating higher than 20 percent for his lumbar spine disability remains denied.
The deciding factor: The VA examiner found that the Veteran’s PTSD had not caused or aggravated his diagnosed sleep apnea, but the evidence was in equipoise regarding whether the service-connected PTSD aggravated the sleep apnea. The Veteran's lumbar spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- sleep apnea, posttraumatic stress disorder (PTSD), lumbar spine disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 19, 2020
- Citation
- 20074269
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
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