Service connection for asthma and obstructive sleep apnea (OSA) is granted. Service connection for a bilateral heel/ankle disorder, left knee disorder, right knee disorder, gastroesophageal reflux disease (GERD), and hypertension (HTN) are remanded.
The deciding factor: The Veteran's asthma and OSA were presumed to be related to service in the Persian Gulf War due to the PACT Act. The Board found that the evidence was at least in equipoise regarding whether the Veteran's current OSA arose during his military service, thus granting service connection for sleep apnea.
- Claimed conditions
- asthma, obstructive sleep apnea (OSA), bilateral heel/ankle disorder (claimed as bilateral achilles tendon surgery residuals), left knee disorder, right knee disorder, gastroesophageal reflux disease (GERD), hypertension (HTN)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2023
- Citation
- 23047747
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 23047747.
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 case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
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