The Veteran's OSA is rated at 50 percent, and he is granted TDIU based on his service-connected disabilities. The decision also notes that a remand is required to correct pre-decisional duty to assist errors regarding the bilateral knee disabilities.
The deciding factor: The Veteran's OSA meets the criteria for a 50% rating due to use of a CPAP machine, but not higher as his FEV-1 and FEV-1/FVC do not meet the criteria for a higher rating. The TDIU is granted based on the combined effects of service-connected disabilities.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Asthma, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 6, 2023
- Citation
- A23034869
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 A23034869.
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 has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
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