VA Disability Claim Analysis By BVARadar

⚠️ Free Assistance Available You do not have to pay anyone to make an initial claim for benefits. VSOs, accredited agents, and accredited attorneys cannot legally charge fees for initial applications. For help finding a local VSO who can provide free assistance in filing, go here: https://www.va.gov/get-help-from-accredited-representative/find-rep/

Claim Summary

Veteran Profile

Air Force (2003-2011) | Bagram AB, Afghanistan & Ramstein AB, Germany & Shaw AFB, South Carolina | 2A6X2 Aerospace Ground Equipment Mechanic

Similar Claim Strength

Moderate-to-strong. Multiple recent Board decisions granted sleep apnea secondary to chronic sinusitis/allergic rhinitis or aggravated by tinnitus, and several granted on a direct basis due to particulate/burn pit exposure in Southwest Asia—facts similar to your deployments to Bagram.

Similar Primary Theories

Primary: secondary service connection via aggravation—your chronic sinusitis/allergic rhinitis and/or tinnitus have worsened your obstructive sleep apnea (OSA) and impaired CPAP tolerance. Alternate: direct service connection due to particulate matter/burn pit exposure in Afghanistan (Bagram), with lay evidence of in-service snoring/apneas and continuity.

Success Factors From Similar Claims

  • Current sleep study confirming OSA plus ENT documentation of chronic rhinosinusitis with objective nasal obstruction (e.g., endoscopy/CT) and its impact on CPAP use
  • Competent nexus opinions that explicitly address aggravation (not just causation) by sinusitis/rhinitis and by tinnitus (e.g., sleep fragmentation/awakening) and use "but-for" language per Spicer
  • Lay statements from roommates/spouse referencing witnessed snoring, gasping, apneic episodes during Bagram/Ramstein deployments and since separation
  • PACT Act/TERA exposure evidence (deployment records to Bagram, burn pit proximity) and a medical opinion relating OSA to particulate exposure; alternatively, show obesity as an intermediate step caused/aggravated by service-connected conditions or medications (Walsh/Garner)
  • Address confounders noted in denials (e.g., weight/neck circumference) with medical rationale explaining why sinusitis/tinnitus nevertheless aggravated OSA or impeded CPAP efficacy

Legal Framework From Similar Cases

Secondary service connection—aggravation by sinusitis/rhinitis

38 C.F.R. § 3.310 and Allen allow service connection when a service-connected disability aggravates a nonservice-connected condition. The Board has repeatedly found that chronic sinusitis/allergic rhinitis can worsen OSA and interfere with CPAP, warranting secondary service connection on aggravation (e.g., 1812848 (2018); 1635171 (2016); 1420986 (2014); 23056300 (2023); 22069526 (2022)). Opinions must discuss aggravation separately from causation (El-Amin).

Secondary service connection—tinnitus aggravation

Recent cases recognize tinnitus-related sleep disturbance can worsen OSA. The Board granted OSA secondary to, and based on aggravation by, tinnitus (23056319 (2023)) and again in A25012706 (2025). Ensure a medical opinion explains how tinnitus causes sleep fragmentation/awakening that increases OSA severity or reduces CPAP effectiveness, and frame it as aggravation.

Obesity as an intermediate step

If weight gain contributed to OSA, obesity can be an intermediate step to secondary service connection where a service-connected condition (or its medications) caused or aggravated obesity which then led to OSA (Walsh v. Wilkie; Garner v. Tran). Obtain opinions tying steroid/rhinitis meds or pain/mental health/tinnitus-related sleep disruption to weight gain, then to OSA (22069526 (2022) applied this theory).

Direct service connection—Particulate matter (PACT Act) and 38 C.F.R. § 3.320

While OSA is not presumptive, 38 C.F.R. § 3.320 concedes particulate exposure in Southwest Asia. Boards have granted OSA on a direct basis where evidence links exposure to PM2.5/NO2/ozone or burn pits with sleep-disordered breathing, especially with deployment to Iraq/Afghanistan (25001498 (2025); A23035849 (2023); 22043220 (2022)). Obtain an exposure-aware medical opinion that considers cumulative exposures (TERA) and current literature.

Lay evidence and continuity

Lay observations of snoring, gasping, and apneic episodes are competent and highly probative when corroborated (Jandreau/Layno). Boards have granted OSA with credible spouse/roommate lay evidence showing onset in service and continuity (19176861 (2019); 19106631 (2019)). Encourage detailed statements describing time, place (Bagram), frequency, and impact.

Opinion adequacy: aggravation and "but-for" standard

Opinions must address aggravation distinctly (El-Amin) and can use the "but-for" standard for secondary nexus (Spicer v. McDonough, 2023). Ask your clinicians to state that OSA severity would have been less "but for" sinusitis/tinnitus and explain mechanisms (nasal obstruction → increased resistance/CPAP intolerance; tinnitus → sleep fragmentation).

Board Decisions

Granted Cases

23056300

Summary: OSA aggravated by rhinitis/sinusitis

Facts: Veteran with allergic rhinitis/chronic sinusitis had CPAP difficulty from nasal stuffiness; VA/treating notes suggested upper airway issues compounded OSA.

Insights: Replicate by documenting persistent nasal congestion, CPAP compliance issues, and clinician statements that rhinitis/sinusitis worsens OSA despite therapy.

1812848

Summary: OSA secondary to sinusitis

Facts: Board credited private/VA clinicians that sinusitis made CPAP less tolerable and aggravated OSA; Veteran testified to mask intolerance from congestion.

Insights: Have ENT/sleep specialist explain how fluctuating nasal resistance interferes with CPAP effectiveness, constituting aggravation.

1635171

Summary: Sinusitis–OSA causal/aggravation link

Facts: Sleep medicine VHA specialist cited literature that sinusitis can cause/aggravate OSA and impede CPAP; equipoise resolved for grant.

Insights: Submit literature and a tailored opinion addressing your medical history; emphasize even "moderate" sinusitis can affect OSA severity.

23056319

Summary: OSA aggravated by tinnitus

Facts: Conflicting opinions on causation; private MD explained tinnitus causes sleep disturbance worsening OSA; Board granted on aggravation.

Insights: Obtain an opinion from sleep or neuropsych clinician tying tinnitus-related arousal/fragmentation to increased OSA severity.

22043220

Summary: OSA granted with SWA exposure

Facts: Gulf War vet with documented sinus/rhinitis and sleep symptoms; Board granted OSA with in-service symptoms and exposure.

Insights: Leverage deployment to Bagram; provide exposure details, lay continuity, and medical opinion connecting symptoms/exposure to OSA.

25001498

Summary: OSA due to particulate matter

Facts: Iraq veteran; VA examiner acknowledged PM/NO2/ozone links to sleep-disordered breathing; Board resolved doubt to grant.

Insights: Request a TERA-aware opinion discussing PM2.5/NO2 exposure pathways; highlight convoy/burn pit proximity if applicable.

1420986

Summary: OSA aggravated by sinusitis

Facts: Evidence showed nasal obstruction can worsen OSA and complicate CPAP; Board found equipoise and granted secondary.

Insights: Document episodes of obstruction, ENT findings, and CPAP intolerance linked to sinusitis to meet aggravation.

Remanded Cases

A25007944

Summary: TERA/obesity aggravation remand

Facts: Board ordered TERA-based opinion and explicit aggravation analysis; instructed "but-for" (Spicer) and obesity intermediate-step questions.

Insights: If weight is raised, proactively obtain opinions on whether sinusitis meds/tinnitus-related sleep issues caused/aggravated obesity leading to OSA.

21067459

Summary: Burn pit exposure exam ordered

Facts: SWA vet alleged burn pit/sandstorm exposure; Board remanded for exam addressing exposures and presumption of soundness.

Insights: Supply deployment logs and burn pit proximity evidence; ask examiner to address fine particulate exposure under §3.320.

1829099

Summary: Sleep disorder secondary remand

Facts: Remand due to inadequate rationale and failure to address aggravation by rhinitis and other SC conditions.

Insights: Ensure your opinions explicitly answer aggravation, cite specific symptoms, and reference lay reports of fatigue/snoring.

Denied Cases

1400559

Summary: OSA denial—obesity primary factor

Facts: Board found no chronic nasal congestion or treatment; obesity/airway anatomy most likely cause; snoring alone insufficient.

Insights: Counter by documenting persistent rhinosinusitis, ENT findings of obstruction, CPAP-impact notes, and a clear aggravation opinion distinguishing from mere association.

⚠️ Important Legal Disclaimer This tool is intended to provide free research assistance of current VA claims information, and does not establish an offer to provide representation. This tool cannot provide legal advice, file a claim, or guarantee a specific outcome.

Beware of scams. See here for more information: https://benefits.va.gov/BENEFITS/fraud-prevention.asp

For technical support requests, email help@bvaradar.com. For everything else, email info@bvaradar.com.


BVARadar is a free public service provided by BVARadar, LLC for veterans and those who help them. Commercial use by entities or individuals not accredited by the VA is prohibited.


Terms of Service. Privacy Policy.