The Board granted the restoration of a 50 percent rating for primary insomnia from January 1, 2011, as the reduction was not based on improvement in the Veteran's ability to function under ordinary conditions of life and work.
The deciding factor: The evidence showed that the RO improperly relied upon a single examination when reducing the Veteran's disability rating, contrary to the requirements of 38 C.F.R. § 3.344.
- Claimed conditions
- primary insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 1, 2021
- Citation
- 21061314
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for an acquired psychiatric disability, including depression, unspecified, a generalized anxiety disorder, and primary insomnia, due to duty-to-assist errors.
- Dismissed
The Veteran withdrew his appeal for a rating in excess of 70 percent disabling for service-connected PTSD and primary insomnia.
- Remanded (sent back)
The Board remanded the claim for service connection of the Veteran's cause of death to obtain additional medical opinions. The Veteran's death certificate indicated suicide by asphyxiation, with contributory factors including prior suicide attempts, suicidal ideations, PTSD, and ADHD.
- Denied
The Board denied the motion to revise a January 2012 rating decision that assigned an initial noncompensable rating for psychiatric disability based on clear and unmistakable error (CUE).
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