The Veteran's initial evaluation for obstructive sleep apnea (OSA) is denied as the condition does not meet the criteria for a higher rating.,The Veteran's hypertension is currently evaluated at 10 percent and no higher, due to lack of readings meeting the criteria for a higher evaluation.,The Veteran's migraine headaches are currently rated at 10 percent and no higher. The claim is remanded as there is no evidence of characteristic prostrating attacks.,The Veteran's residuals of right ankle fracture are currently evaluated at 10 percent and no higher, due to the lack of evidence showing very frequent completely prostrating and prolonged attacks.

The deciding factor: The criteria for an initial evaluation in excess of 50 percent for obstructive sleep apnea (OSA) have not been met as there is no evidence of respiratory failure with carbon dioxide retention or cor pulmonale.,The Veteran's hypertension does not meet the criteria for a higher evaluation as there are no readings meeting the threshold for a 20 percent or greater evaluation.,There is no evidence of characteristic prostrating attacks, which are required for an evaluation in excess of 10 percent for migraine headaches. The claim is remanded to allow for further examination and assessment.,The residuals of right ankle fracture do not meet the criteria for a higher evaluation as there is no evidence of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.

Claimed conditions

obstructive sleep apnea (OSA), hypertension, migraine headaches, residuals of right ankle fracture

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

August 6, 2019

Citation

19160418

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 19160418.