The Board denied service connection for obstructive sleep apnea, but granted a 70 percent rating for major depressive disorder and insomnia disorder effective August 8, 2014.
The deciding factor: The decision was based on the preponderance of evidence showing that the Veteran's OSA did not originate during his active-duty service and is not otherwise related or attributable to his service, including caused or aggravated by his service-connected mental disorder. However, it was found that throughout the period on appeal, his MDD and insomnia disorder have caused what amounts to occupational and social impairment with deficiencies in most areas.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Major Depressive Disorder (MDD) and Insomnia Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2022
- Citation
- 22001356
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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