The Board denied service connection for obstructive sleep apnea, including as due to the service-connected posttraumatic stress disorder. The appeal was also denied for increased ratings in excess of 10 percent for bilateral tinnitus and right knee disability from January 17, 2022, and a higher initial rating in excess of 20 percent for degenerative disc disease (DDD) from April 14, 2021. However, the appeal was granted for a higher initial rating of 10 percent for gastroesophageal reflux disease (GERD) from April 14, 2021.
The deciding factor: The evidence did not support service connection for obstructive sleep apnea and there was no legal basis for increased ratings in excess of the current assigned ratings. However, reasonable doubt was resolved in favor of the Veteran regarding his GERD claim.
- Claimed conditions
- Obstructive Sleep Apnea, Bilateral Tinnitus, Right Knee Disability, Degenerative Disc Disease (DDD), Gastroesophageal Reflux Disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064267
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.