The Board has granted service connection for obstructive sleep apnea on a secondary basis to the Veteran's service-connected right and left knee and/or foot disabilities. The rating for residuals of a fracture of the femur with DJD of the left knee is increased to 30 percent effective October 15, 2019.
The deciding factor: The Board found that the Veteran’s obstructive sleep apnea was caused by her service-connected right and left knee and/or foot disabilities, leading to obesity which in turn led to the sleep apnea. The VA examiner stated that obesity is a cause of sleep apnea and obesity is a substantial factor in causing the Veteran's sleep apnea.
- Claimed conditions
- Obstructive sleep apnea, Residuals of a fracture of the femur with DJD of the left knee, Right foot strain, Left foot strain with a calcaneal plantar spur
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 23, 2020
- Citation
- 20080938
Veterans Law Judge
Decisions by this judge: 2,199 · Granted: 25% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20080938.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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