The Veteran's service-connected sleep apnea is granted as secondary to his service-connected hypertension. His back disability, prior to July 8, 2021, does not warrant a higher rating due to limited range of motion and no ankylosis or incapacitating episodes. The compensable rating for erectile dysfunction (ED) is denied. The reduction in the diverticulitis rating was improper, and the Veteran's original 10 percent rating is restored.
The deciding factor: The weight of evidence supports service connection for sleep apnea as secondary to hypertension, but the back disability does not meet criteria for a higher rating due to limited range of motion without ankylosis or incapacitating episodes. The ED claim was denied as there is no evidence of penile deformity.
- Claimed conditions
- Obstructive Sleep Apnea, Back Disability, Erectile Dysfunction, Diverticulitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 4, 2023
- Citation
- 23025809
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 23025809.
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.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
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