The Board granted service connection for sleep apnea as secondary to the Veteran's service-connected musculoskeletal disabilities and restored a 30 percent rating for left knee instability. The Board also granted increased ratings for right knee flexion, extension, and instability, but denied an increased rating for a right knee scar.
The deciding factor: The weight of the evidence supported the finding that the Veteran's sleep apnea was caused by his service-connected musculoskeletal disabilities, leading to obesity which in turn led to the development of sleep apnea. The reduction of the left knee instability rating from 30 percent to 10 percent was improper as there was no actual improvement in the ability to function under ordinary conditions.
- Claimed conditions
- sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2024
- Citation
- A24068099
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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