The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected physical disabilities and granted a 40 percent rating for his lumbar spine disability prior to April 2, 2024. The decision also denied increased ratings for PTSD, radiculopathy of both lower extremities, right ankle, left ankle, and bilateral pes planus.

The deciding factor: The Board found that the Veteran's symptoms did not meet the criteria for a higher rating due to their severity, frequency, and duration being more closely aligned with the 70 percent rating for PTSD. For the lumbar spine disability, the evidence supported a 40 percent rating prior to April 2, 2024.

Claimed conditions

Obstructive Sleep Apnea (OSA), Posttraumatic Stress Disorder (PTSD), Lumbar Spine Disability, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity, Right Ankle Disability, Left Ankle Disability, Bilateral Pes Planus

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 14, 2025

Citation

25002240

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