The Board has granted service connection for the aggravation of obstructive sleep apnea by the Veteran's service-connected back and knee conditions. The Veteran is also granted a TDIU based on his inability to secure or follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: The VA examiner found that medications prescribed for the service-connected back and knee conditions aggravated the Veteran's obstructive sleep apnea, leading to functional impairments preventing him from securing or following a substantially gainful occupation.
- Claimed conditions
- Obstructive sleep apnea, Back disorders (intervertebral disc syndrome, left knee arthritis, right knee arthritis, left lower extremity radiculopathy, right lower extremity radiculopathy), Left index finger disorder, Left knee instability
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- February 8, 2023
- Citation
- 23008152
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 23008152.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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