The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, and granted increased ratings of 60 percent for intervertebral disc syndrome (IVDS) of lumbar spine, 20 percent for right femoral nerve radiculopathy, and 20 percent for left femoral nerve radiculopathy. The Board also granted a total disability rating based on individual unemployability.

The deciding factor: The Veteran's obstructive sleep apnea was found to be secondary to his service-connected disabilities through the intermediate step of obesity, and the increased ratings were supported by medical evidence showing that his service-connected conditions have limited his activity level leading to weight gain which aggravated his obstructive sleep apnea. The IVDS rating was granted based on the Veteran's reported incapacitating episodes.

Claimed conditions

Obstructive Sleep Apnea, Intervertebral Disc Syndrome (IVDS) of Lumbar Spine, Right Femoral Nerve Radiculopathy, Left Femoral Nerve Radiculopathy

How they argued it

Secondary to another service-connected condition

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 7, 2025

Citation

A25021476

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