The Veteran's sleep apnea requires the use of a CPAP machine, but does not meet the criteria for a higher evaluation as it does not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor has he required a tracheostomy.
The deciding factor: The Veteran's sleep apnea is currently rated at 50% based on the use of a CPAP machine. The criteria for a higher evaluation (100%) require either chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requiring a tracheostomy, which the Veteran does not meet.
- Claimed conditions
- Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- May 15, 2009
- Citation
- 0918349
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0918349.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Denied
The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.