The Veteran's claim for a rating in excess of 60 percent for bronchial asthma with obstructive sleep apnea was denied, but service connection for lumbar disc disease was granted.
The deciding factor: The VA examiner found that the current lumbar disc disease is related to the in-service disc material abnormality identified during service and there is no intercurrent cause shown.
- Claimed conditions
- Bronchial Asthma with Obstructive Sleep Apnea, Lumbar Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 18, 2021
- Citation
- 21069556
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 21069556.
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.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Granted
The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.
- Remanded (sent back)
The Board has found the reduction in rating for spinal stenosis, lumbar disc disease, and Schmorl's nodes from 20% to 10% was improper. The 20% rating is restored. However, the issues of increased ratings for left and right lower extremity sciatic nerve radiculopathy and ankle conditions are remanded due to a duty to assist error.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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