The Board granted service connection for OSA, DM, and bilateral eye diabetic retinopathy. The Veteran was also granted increased ratings for lumbar spine spondylosis and degenerative disc disease, as well as separate ratings for lower extremity radiculopathies.
The deciding factor: The evidence established a link between the Veteran's service-connected disabilities and his obesity, which in turn contributed to the development of OSA and DM. The Board found that the Veteran's lumbar spine condition more closely approximated favorable ankylosis of the thoracolumbar spine, warranting a 40 percent rating.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Type II Diabetes Mellitus (DM), Bilateral Eye Diabetic Retinopathy, Lumbar Spine Spondylosis and Degenerative Disc Disease (DDD), Left Lower Extremity Radiculopathy, Sciatic Nerve, Right Lower Extremity Radiculopathy, Sciatic Nerve, Left Lower Extremity Radiculopathy, Femoral Nerve, Right Lower Extremity Radiculopathy, Femoral Nerve
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 3, 2025
- Citation
- 25004579
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.
- 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.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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.