The Veteran's sleep apnea is granted as secondary to his service-connected disabilities and obesity. His left knee disability remains at a 20% rating, while his right ankle disability does not warrant an increase.
The deciding factor: The evidence supports that the Veteran's sleep apnea is related to his obesity caused by his service-connected conditions, including his left knee and right ankle disabilities. The left knee disability continues to meet the criteria for a 20% rating based on persistent instability without requiring assistive devices or bracing.
- Claimed conditions
- Obstructive sleep apnea, Left knee disability, Right ankle disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 2, 2024
- Citation
- A24062541
Veterans Law Judge
Decisions by this judge: 868 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24062541.
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.
- Denied
The Veteran's claim for an earlier effective date of January 10, 1997, for a 10% disability rating for his right ankle disability is denied as there was no CUE in the previous decisions.
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