This decision denies an increased rating for OSA and grants a TDIU. The Board finds the Veteran's service-connected lumbar spine, bilateral lower extremity (BLE) radiculopathy, OSA, PTSD, LLE peripheral neuropathy, RLE peripheral neuropathy, and hypertension do not warrant staged ratings as his symptoms have not resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, or the presence of a tracheostomy. The Board also finds that the Veteran is unable to secure and follow substantially gainful employment due to service-connected disabilities.,PTSD has been rated 50 percent disabling since September 16, 2008, and 70 percent disabling since October 24, 2011. Lumbar spine disability was rated 10 percent disabling as of April 20, 2004; LLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; RLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; and hypertension was rated non-compensable as of September 8, 2005. The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.,PTSD has been rated 50 percent disabling since September 16, 2008, and 70 percent disabling since October 24, 2011. Lumbar spine disability was rated 10 percent disabling as of April 20, 2004; LLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; RLE peripheral neuropathy was rated 20 percent disabling as of March 20, 2012; and hypertension was rated non-compensable as of September 8, 2005. The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran’s service-connected lumbar spine, bilateral lower extremity (BLE) radiculopathy, OSA, PTSD, LLE peripheral neuropathy, RLE peripheral neuropathy, and hypertension do not warrant staged ratings as his symptoms have not resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, or the presence of a tracheostomy. The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Posttraumatic Stress Disorder (PTSD), Lumbar Spine Disability, Left Lower Extremity (LLE) Peripheral Neuropathy, Right Lower Extremity (RLE) Peripheral Neuropathy, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2018
- Citation
- 18125921
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 18125921.
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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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