hypertension Obesity onset in service, successfully connected to OSA

[syne7]

Found this in an appeals search, thought it might be helpful to some:

http://www.va.gov/vetapp16/Files4/1627677.txt

"The Veteran has current sleep apnea that is the result of obesity that had its onset in service."

In fact this person only "approached obesity"

"There is no dispute that the Veteran has currently diagnosed hypertension and sleep apnea.  The VA examiner attributed these disorders to obesity.  
The service treatment records document excessive weight in service that at least approached the level of obesity.  Obesity was documented only a few months
after the Veteran left service and his weight was not reported at the time he left service.  This evidence makes it at least as likely as not that the Veteran
 became obese in service and that the obesity caused the current hypertension and sleep apnea.  Resolving reasonable doubt in the Veteran's favor, the criteria
 for service connection are met.  38 U.S.C.A. § 5107(b) (West 2014)."

This literally says, "the Veteran became obese in service"

[jamescripps2]

Good find syne 7 !

[seejeremy]

So, what can obesity be rated as percentage wise?  This OSA/obesity lines up very well with my experience. 

[broncovet]

I think obesity is a diagnosis, not a symptom.   Symptoms of obesity are things like high blood pressure, diabetes, limits on movement, etc.  

Also, the phrase, above, does not have the magic words:

"The Veterans x condition is at least as likely as not due to yy event in military service."  Remember the Caluza.  If one "becomes obese in service" this does not identify an "in service event" or aggravation for the Caluza triangle.    An example of an "in service event" that could cause obesity might be some sort of trauma such as a stressor, or maybe becoming a prisoner of war, where the enemy forced you to consume certain things.  

"Becoming obese in service" does not satisfy the caluza triangle by itself, as it does not identify an in service event.  Its possible that you were genetically predisposed to become obese, and that military service had nothing to do with it.  

Edited October 30, 2016 by broncovet

[syne7]

Broncovet,
 

This is a tough one.  You could be genetically pre-disposed to diabetes (without obesity), but if it manifests in service, it's service connected.  Same with most illnesses, especially if you have the "presumption of soundness."

 

 

[Gastone]

My take-away from the BVA Decision (Great Read), if you enter the Service with a BMI clearly indicating Non-Obese and the Evidence in your SMR's indicate an increase in your BMI to Pre-Obese prior to Separation and your BMI continues it's assent, any & all of the possible SC's Secondarily  linked to Obesity are on the Claims Table.

Back in 68/69, the only obviously over-weight Jar Heads I ever saw, were the rare Staff NCO Lifer's Stateside, on Okinawa or REMF's in Nam.

A few Boots, within the 1st few days (1st PT Test), got recycled to the "Fat/PT Platoon," to loose a few lbs &/or increase their upper body strength.

Semper Fi

 

[Gastone]

SEEJER, it appears that an In-Service documentation of actual Obesity or Pre-Obesity is like "AO Exposure Boots on the Ground Nam,"  no actual SC % Rating, it's the Extensive List of the known presumptive Diseases linked to Obesity, that get the SC% based on their level of disability per the 38 CFR 4 Schedules.

There has to be Govt or Military Branch Stats somewhere, documenting the Obesity Levels of Active Duty Personnel being separated.

Semper Fi