The Veteran's claim for service connection for breathing issues, which he claims is secondary to his acquired psychiatric condition (stress with anxiety with depression, sleeping problems and insomnia), has been denied. His increased rating claim for IVDS, disc herniation L3-L4, L4-L5, lumbosacral spine, rated at 40 percent, remains unchanged.
The deciding factor: The Veteran was not service-connected for a psychiatric condition that could serve as the primary source of his breathing issues. The evidence did not support an in-service event or circumstance related to his service that caused his obstructive sleep apnea.
- Claimed conditions
- breathing issues, obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 21, 2023
- Citation
- A23033012
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 A23033012.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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