The Veteran's initial noncompensable (0 percent) disability rating for obstructive sleep apnea was increased to a 50 percent rating, effective August 2011. The Veteran is currently rated at 50 percent for the entire initial rating period due to his use of a CPAP machine.
The deciding factor: The medical records do not reflect a required condition (tracheostomy or chronic respiratory failure) that would warrant a higher 100% disability rating, and the VA examiner found no such conditions in the Veteran's case.
- Claimed conditions
- obstructive sleep apnea, recurrent major depressive disorder (depression), gastroesophageal reflux disorder (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 27, 2019
- Citation
- 19166466
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 19166466.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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