The Board denied the Veteran's claims for service connection for obstructive sleep apnea and an increased rating for post-concussive headaches, finding that the preponderance of the evidence was against both claims.
The deciding factor: The VA examiner concluded that the Veteran's sleep apnea did not have its onset in service and was less likely than not related to his service-connected chronic sinusitis. For the increased rating claim, the Board found that the Veteran's headaches did not meet the criteria for a higher rating under DC 8100.
- Claimed conditions
- obstructive sleep apnea, post-concussive headaches (headaches)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000688
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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