BVA Case 23-5580: Ptsd

Real Board of Veterans' Appeals decision · November 19,2024 · PIETSCH, Judge

Outcome
Unknown
Decision Date
November 19,2024
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackSleep_ApneaHeadacheTbiHeart

Issues on Appeal

Service ConnectionPtsdSleep Apnea

Why It Was Decided This Way

The Board noted that in an April 2016 opinion,the veteran's treating VA provider stated that a medical article linked PTSD and TBI to OSA and opined that it is more likely than not that the veteran's OSA was caused by service-connected injuries.

But the Board noted that the opinion did not identify the injuries that caused the veteran's OSA,and the veteran was not service 1 Amir Sharafkhaneh et al.

The examiner opined that it was less likely that the veteran's OSA was directly related to service,noting that a nexus had not been established between military service in general and OSA.

May 2023 Board Decision In the May 2023 decision on appeal,the Board denied service connection for OSA,finding that the evidence persuasively weighed against finding that the veteran's OSA resulted from the veteran's active service,including Persian Gulf service or a period of active or inactive duty training,or that his OSA was caused or aggravated by his service-connected PTSD.

Lee was diagnosed with OSA,but the Board found that OSA was not a medically unexplained chronic multisymptom illness;so, Mr.

Lee's February 2006 in- service complaints of frequent trouble sleeping that he attributed to insomnia,and the Board noted that in a medical history dated a week later, Mr.

The Board noted that during a June 2006 VA examination conducted 2 months after his discharge from service, Mr.

The Board noted that the June 2016 examiner stated that the risks for OSA included advancingage,being male,obesity,and craniofacial or upper airway soft tissue abnormalities, and additional risk factors includedsmoking,nasal congestion,and family history.

Authorities Cited

Acevedo v. ShinsekiArdison v. BrownAries v. PeakeAustin v. BrownBarr v. NicholsonDavis v. WestDouglas v. ShinsekiEuzebio v. McFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiGutierrez v. PrincipiHarper v. WilkieHilkert v. WestIn Spicer v. McJones v. ShinsekiJordan v. BrownKutscherousky v. WestLane v. PrincipiLendon v. NicholsonLynch v. McMariano v. PrincipiMonzingo v. ShinsekiOwens v. BrownRodriguez v. PeakeRomanowsky v. ShinsekiSee Best v. PrincipiSee Kay v. PrincipiSee Kowalski v. NicholsonSee Miller v. Wilkie

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →