The Veteran's OSA is currently rated at 50 percent, effective June 6, 2011. The Board denied a higher rating as the symptoms do not meet the criteria for a 100 percent rating.,The Veteran's claim for an earlier effective date for his OSA was denied because no formal or informal claim prior to June 6, 2011 has been filed.,The Veteran is granted TDIU based on his service-connected disabilities. The Board found that the Veteran’s physical limitations due to his service-connected conditions make it impossible for him to secure and follow a substantially gainful occupation.
The deciding factor: The evidence did not show chronic respiratory failure with carbon dioxide retention or cor pulmonale, or tracheostomy, which would warrant a higher rating.,No formal or informal claim prior to June 6, 2011 has been filed. The effective date is set at the date of receipt of the claim (June 6, 2011).,The Veteran's service-connected disabilities preclude him from gainful employment.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Degenerative Joint Disease, Right Shoulder, Gastritis, Tinnitus, Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 6, 2020
- Citation
- 20071838
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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