The Veteran's appeal for an increased rating for cervical spine degenerative joint disease was dismissed. The Board granted service connection for obstructive sleep apnea (OSA), finding that the evidence is at least evenly balanced as to whether the OSA had its onset in service.
The deciding factor: The Board found that there is a reasonable doubt regarding whether the Veteran's OSA had its onset during service, and thus granted service connection based on new and material evidence.
- Claimed conditions
- Cervical spine degenerative joint disease, 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
- December 1, 2022
- Citation
- A22024427
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 A22024427.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Partly granted
The Veteran's 100% rating for hemorrhagic stroke is granted effective March 19, 2021. OSA and periodic limb movement syndrome are denied service connection. Pituitary mass remains under review.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.
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