The Veteran's OSA was granted as secondary to his service-connected disabilities, including weight gain from other service-connected conditions. His migraine headaches prior to November 18, 2016, were also granted a 50% rating based on very frequent completely prostrating and prolonged attacks.
The deciding factor: The Veteran's OSA was proximately due to his service-connected disabilities, including weight gain from other service-connected conditions. His migraine headaches prior to November 18, 2016, were characterized by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Migraine Headaches, Cervical C3-4 Disc Bulge with Secondary Degenerative Disease and Stenosis (neck disability), Lumbosacral Strain with Degenerative Disc Disease (back disability), Right Knee Patellar Tendonitis with Degenerative Joint Disease and Chondromalacia Patella (right knee disability), Left Knee Anterior Cruciate Ligament Tear with Degenerative Joint Disease and Chondromalacia Patella (left knee disability)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 29, 2021
- Citation
- 21071007
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 21071007.
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 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.