The Board has granted service connection for obstructive sleep apnea, finding it at least as likely as not caused by the Veteran's service-connected major depressive disorder. The claims for degenerative arthritis of the shoulders and cervical spine DDD are remanded due to lack of a VA examination. The claim for radiculopathy of the right upper extremity is inextricably intertwined with the cervical spine disability.
The deciding factor: The Board found that the Veteran's sleep apnea was at least as likely as not caused by his service-connected major depressive disorder, establishing service connection under secondary service connection criteria.
- Claimed conditions
- Obstructive sleep apnea, Degenerative arthritis, right shoulder, Degenerative arthritis, left shoulder, Degenerative disc disease (DDD), cervical spine, Radiculopathy, right upper extremity (RUE)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2023
- Citation
- 23053452
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 23053452.
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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