The Veteran's OSA with residuals of right pleuritis and right basal pneumonia with COPD is granted a 50 percent evaluation from February 22, 2010. The TDIU claim is also granted.
The deciding factor: VA medical records show the use of CPAP machine for sleep apnea starting in April 2006, meeting the criteria for a 50% rating under DC 6847. No evidence supports an increase to higher ratings during this period.
- Claimed conditions
- Obstructive Sleep Apnea, Residuals of Right Pleuritis, Right Basal Pneumonia, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 16, 2020
- Citation
- 20003602
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
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