The Veteran's initial claim for sleep apnea was denied in July 2007, but he filed a new application to reopen his claim on December 15, 2010. The Board found that the evidence did not meet the criteria for an initial rating higher than 50 percent for sleep apnea.,The Veteran's service-connected disabilities are considered at least equally severe as to prevent him from securing or following substantially gainful employment.
The deciding factor: The preponderance of the evidence does not support a finding that the Veteran’s service-connected conditions more nearly approximate chronic respiratory failure with carbon dioxide retention or cor pulmonale, which would warrant a higher rating.
- Claimed conditions
- sleep apnea, major depression, anxiety
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 28, 2019
- Citation
- 19114611
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19114611.
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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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