The Veteran's sleep apnea was initially rated at 0 percent, but since May 13, 2008, he has been assigned a 50 percent rating. The appeal is mixed as it concerns both the initial compensable rating and higher ratings since May 13, 2008.
The deciding factor: The VA examiner's evaluation supported increasing the sleep apnea rating to 50 percent effective May 13, 2008.
- Claimed conditions
- Psychiatric Disorder (depression), Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 19, 2011
- Citation
- 1138789
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 1138789.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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.
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