The Veteran's service-connected disabilities, including obstructive sleep apnea and thoracolumbar spine levoscoliosis curve, have rendered him unable to engage in substantially gainful employment.
The deciding factor: The Veteran's physical impairments, particularly his sleep apnea and back disability, clearly preclude engaging in physical labor-based employment. His sedentary work was also impacted by the daytime residual effects of his sleep apnea.
- Claimed conditions
- obstructive sleep apnea, allergic rhinitis, thoracolumbar spine levoscoliosis curve, tinnitus, migraine headaches, right lower extremity radiculopathy, left lower extremity radiculopathy, acne
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- October 28, 2020
- Citation
- A20016185
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
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