The Veteran's service-connected hepatitis C and sleep apnea prevent him from engaging in substantially gainful employment, but the VA examiner opined that he could perform light and sedentary work at times when not having episodes due to hepatitis C. The case is referred for consideration of an extraschedular TDIU rating.
The deciding factor: The Veteran's service-connected hepatitis C prevents him from engaging in substantially gainful employment, as indicated by the VA examiner's opinion that he would have frequent episodes of absenteeism due to hepatitis C symptoms.
- Claimed conditions
- Hepatitis C, Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2013
- Citation
- 1323920
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 1323920.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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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 Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
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