The Board has granted service connection for obstructive sleep apnea and assigned a 10 percent disability rating, effective March 23, 2013. The Veteran's other claims are remanded.
The deciding factor: The VA examiner provided an inadequate nexus opinion regarding the relationship between the current OSA and service, but the lay statements of the Veteran’s family members supported his claim for service connection.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 29, 2020
- Citation
- 20081505
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 disabilities and denied higher ratings for several service-connected conditions.
- Granted
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.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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