The Veteran's claims for service connection and increased rating for PTSD, as well as the grant of a TDIU effective September 2, 2013, are all granted. The OSA claim was reopened based on new evidence received after the initial denial in 2012.
The deciding factor: The Veteran's symptoms have caused occupational and social impairment with deficiencies in most areas since at least September 2, 2013.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spine, Right ankle strain with plantar calcaneal spur, peroneal tendonitis, and degenerative joint disease, Right foot pes planus with plantar fasciitis and enthesophyte formation and peroneal tendonitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 28, 2021
- Citation
- 21077207
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 21077207.
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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- 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.
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