The Veteran's claim for service connection for OSA was reopened due to new and material evidence submitted since the July 2012 rating decision. The Board found that the condition did not pre-exist his period of active-duty service from March 2003 to August 2004, thus granting service connection.
The deciding factor: The MEB report concluded the OSA pre-existed the Veteran's period of active-duty service, but the Board could not discern evidence showing it is more likely than not that the condition pre-existed this period. The Board found an initial diagnosis during his period of active-duty service and granted service connection.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2022
- Citation
- 22010122
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 22010122.
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.
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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.
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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.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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