The Veteran's service-connected sleep apnea with asthma and migraine headaches are currently rated at the maximum allowed under VA regulations. The knee disabilities have not met the criteria for higher ratings.
The deciding factor: The Veteran's sleep apnea is rated based on its impact on his breathing, which does not meet the criteria for a higher rating as it does not result in chronic respiratory failure or require tracheostomy. His migraine headaches do not meet the criteria for a 50% rating due to lack of very frequent completely prostrating and prolonged attacks.
- Claimed conditions
- Obstructive Sleep Apnea with Asthma, Migraine Headaches, Patellofemoral Syndrome of the Left Knee, Patellofemoral Syndrome of the Right Knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- May 11, 2018
- Citation
- 1828528
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 1828528.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's migraine headaches are rated at a 50 percent rating, effective December 3, 2021, due to frequent and severe attacks that significantly impact his ability to work.
- Granted
The Veteran's service-connected PTSD alone is sufficient to grant a TDIU, and his other service-connected disabilities are at least 60% combined. The Veteran also meets the criteria for SMC based on housebound status.
- Dismissed
The Veteran's appeal for an increased rating of erectile dysfunction was dismissed. A rating of 50 percent, and no higher, for migraines is granted. An initial rating of 30 percent, and no higher, for IBS is granted. Service connection for hypertension is remanded.
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