The Board has denied compensation under the provisions of 38 C.F.R. § 1151 for obstructive sleep apnea and service connection for obstructive sleep apnea. The issue of an initial rating in excess of 10 percent prior to September 30, 2009, in excess of 30 percent from September 30, 2009, to May 30, 2012, and in excess of 70 percent thereafter for dysthymic disorder is remanded. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is also remanded.
The deciding factor: The Board found that the Veteran's obstructive sleep apnea was not proximately caused by the provision of training and rehabilitation services by the Secretary as part of an approved rehabilitation program under Chapter 31, and is not shown to be causally or etiologically related to any disease, injury, or incident during service.
- Claimed conditions
- obstructive sleep apnea, dysthymic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 14, 2021
- Citation
- 21021944
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 21021944.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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