The Veteran's service-connected disabilities, including sleep apnea, migraine headaches, lumbar spine disorder, left-hand fifth finger disorder, and bilateral pterygium, have rendered him unable to secure and follow a substantially gainful occupation since February 22, 2016. As his combined rating is at least 80%, he meets the schedular requirement for a TDIU.
The deciding factor: The Veteran's service-connected disabilities meet or exceed the required percentage ratings (at least one disability rated at 40% or more and sufficient additional disability to bring the combined rating to 70%) under 38 C.F.R. § 4.16(a).
- Claimed conditions
- sleep apnea, migraine headache disorder, lumbar spine disorder, left-hand 5th finger disorder, bilateral pterygium
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- April 28, 2023
- Citation
- 23024865
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 23024865.
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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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