The Veteran's sleep apnea was not incurred in or aggravated by his first or second periods of service. The Board found that the preexisting condition worsened during his third period of active duty, but this aggravation is not considered to be due to a supervening condition.
The deciding factor: The VA examiner opined that the Veteran's sleep apnea was less likely than not incurred in or caused by service and noted no evidence of sleep apnea symptoms or diagnosis in the Veteran’s STRs. The Board also found that there is clear and unmistakable evidence showing that the preexisting condition worsened during his third period of active duty.
- Claimed conditions
- Obstructive sleep apnea
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2021
- Citation
- 21005724
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 21005724.
What this means for you
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What you can do next
Related decisions
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- 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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