The Veteran's service connection claim for obstructive sleep apnea is granted as the evidence shows he developed this condition during his military service and it has persisted since then.
The deciding factor: The Board found that the Veteran had sleep apnea during service due to credible statements from his wife and fellow veteran, and a January 2018 private physician's opinion. The presumption of soundness upon entry into service is rebutted as there was no pre-existing condition noted at entry, and the evidence does not meet clear and unmistakable evidence that the Veteran had sleep apnea prior to service.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2021
- Citation
- 21066507
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 21066507.
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.
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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