BVA decisions by condition
Obstructive sleep apnea: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a obstructive sleep apnea issue in 1,623 decisions. It granted the obstructive sleep apnea issue in 0.2% of them, below the 19.4% grant rate for all conditions, denied it in 4.3%, and remanded it in 90.9%. Counting only decisions on the merits (granted or denied), 4.2% were granted.
Decisions
1,623
2017–2026
Granted
0.2%
All conditions: 19.4%
Granted on the merits
4.2%
Granted ÷ (granted + denied)
Remanded
90.9%
Denied: 4.3%
Obstructive sleep apnea outcomes by year
| Year | Decisions | Granted | Denied | Remanded |
|---|---|---|---|---|
| 2017 | 54 | 0.0% | 5.6% | 87.0% |
| 2018 | 137 | 0.0% | 4.4% | 94.2% |
| 2019 | 154 | 0.6% | 6.5% | 90.3% |
| 2020 | 160 | 0.0% | 6.3% | 88.8% |
| 2021 | 166 | 0.0% | 1.8% | 91.6% |
| 2022 | 156 | 0.6% | 2.6% | 87.8% |
| 2023 | 205 | 0.0% | 2.9% | 88.8% |
| 2024 | 220 | 0.5% | 3.6% | 90.9% |
| 2025 | 270 | 0.0% | 5.9% | 93.0% |
| 2026 | 101 | 0.0% | 3.0% | 95.0% |
Evidence in granted and denied obstructive sleep apnea decisions
For each kind of supporting evidence: how often the Board granted the obstructive sleep apnea issue on the merits when the decision mentioned it, compared with decisions that did not. These are associations, not causes, and evidence is recorded per decision, not per issue.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Combat service | 152 | 14.3% | 3.1% | +11.2 pts |
| Positive nexus opinion | 451 | 12.5% | 1.8% | +10.7 pts |
| Private medical opinion | 646 | 7.7% | 2.2% | +5.5 pts |
| Lay statement | 1,432 | 4.9% | 0.0% | +4.9 pts |
| Buddy statement | 117 | 0.0% | 4.3% | −4.3 pts |
| Treating physician opinion | 113 | 0.0% | 4.3% | −4.3 pts |
| Favorable VA exam | 327 | 0.0% | 5.4% | −5.4 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 66.7% of the decisions that granted obstructive sleep apnea.
- The Board found the veteran's statements credible in 33.3% of grants and 17.4% of denials.
Negative evidence in the record
An unfavorable exam or a negative nexus opinion often sits in the same record as favorable evidence, and the Board weighs them against each other. So these rows show how often obstructive sleep apnea was still granted when the record contained the negative item, not that the item helped.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Unfavorable VA exam | 1,370 | 3.6% | 6.3% | −2.7 pts |
| Negative nexus opinion | 975 | 0.0% | 9.7% | −9.7 pts |
Why the Board granted or denied obstructive sleep apnea
Most common reasons in grants
- Credible lay testimony of in-service jet fuel exposure and continuity of respiratory symptoms1
- June 2011 decision was not final due to lack of reasons and bases1
- Positive probative private medical opinions linking conditions to jet fuel exposure1
- Secondary service connection to granted allergic rhinitis and hypertension1
- Symptoms approximated occupational and social impairment with reduced reliability and productivity1
- Symptoms included anxiety, concentration issues, sleep impairment, and difficulties with motivation and mood1
Most common reasons in denials
- Delayed onset of conditions after service1
- Lack of specific link between exposures and diagnosed conditions1
- VA examiner opinions were more probative than favorable opinions1
Numbers are decisions that gave the reason. Reasons are short phrases extracted by AI from each decision; common wordings of the same reason are grouped. Benefit of the doubt is reported above.
Recent obstructive sleep apnea decisions
Granted
Credible lay testimony of in-service jet fuel exposure and continuity of respiratory symptoms.; Positive probative private medical opinions linking conditions to jet fuel exposure.; Secondary service connection to granted allergic rhinitis and hypertension.
June 2011 decision was not final due to lack of reasons and bases; Symptoms approximated occupational and social impairment with reduced reliability and productivity; Symptoms included anxiety, concentration issues, sleep impairment, and difficulties with motivation and mood
Denied
VA examiner opinions were more probative than favorable opinions.; Lack of specific link between exposures and diagnosed conditions.; Delayed onset of conditions after service.
Rules that apply to obstructive sleep apnea claims
- 38 CFR 3.303
Principles of service connection
Read it in VA Law Explorer - 38 CFR 3.310
Secondary service connection and aggravation
Read it in VA Law Explorer - 38 CFR 3.102
Reasonable doubt (benefit of the doubt)
Read it in VA Law Explorer
Research your obstructive sleep apnea case
Narrow by year, judge, evidence or secondary condition, read the decisions, and export a research memo.
How these numbers are calculated
- Rates count decisions in which the Board decided a obstructive sleep apnea issue, by the outcome of that issue. Other issues in the same decision can have different outcomes.
- “Granted on the merits” leaves out remands and dismissals. “All conditions” is the grant share across every condition issue in the data.
- The data comes from CaseScribe's AI extraction of public BVA decisions (2017–2026) and can contain errors. It is updated automatically as new decisions are added.