The Veteran's sleep apnea disorder was granted a 50% disability rating prior to October 1, 2020. A higher rating is denied since that date.,The Veteran's cervical spine disability was granted a 20% disability rating prior to May 7, 2018. A higher rating is denied since that date.,The Veteran's allergic rhinitis does not warrant an initial compensable disability rating.,The Veteran's acquired psychiatric disability (including PTSD, major depressive disorder, and anxiety) was granted a 70% disability rating.
The deciding factor: The evidence did not meet the criteria for a higher rating due to chronic respiratory failure or cor pulmonale. The use of CPAP machine is sufficient for a 50% rating.,The Veteran's cervical spine condition, diagnosed as segmental dysfunction, met the criteria for a 20% disability rating prior to May 7, 2018. A higher rating was denied due to lack of evidence of severe functional loss or ankylosis.,Allergic rhinitis did not meet the criteria for any compensable rating as it did not manifest with nasal polyps and obstruction on both sides.,The acquired psychiatric disability met the criteria for a 70% disability rating based on occupational and social impairment.
- Claimed conditions
- Sleep Apnea Disorder, Cervical Spine Disability, Allergic Rhinitis, Acquired Psychiatric Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2022
- Citation
- 22028692
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 22028692.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's allergic rhinitis is currently rated as 10 percent disabling prior to September 16, 2024 and noncompensable thereafter. The Board found the evidence against finding that his condition met the criteria for a higher rating.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Denied
The Veteran's claims for service connection for TMD, cervical spine disability, and FSAD have been denied.,An earlier effective date prior to August 2, 2022, for the award of service connection for these conditions has also been denied.
- Denied
The Veteran's initial claim for an increased rating for allergic rhinitis was denied as his symptoms did not meet the criteria for a compensable rating under Diagnostic Code 6522.
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