The Board has determined that the Veteran's sleep apnea is currently rated as noncompensable due to its pre-aggravation baseline level of severity. The appeal for an initial compensable disability rating for obstructive sleep apnea is denied. However, the issue of service connection for obstructive sleep apnea on a direct basis is remanded.
The deciding factor: The Veteran's current level of obstructive sleep apnea does not meet or approximate the criteria for a compensable evaluation (30% or higher) under Diagnostic Code 6847. The pre-aggravation baseline severity was established as requiring use of breathing assistance device such as a CPAP machine, warranting a 50 percent rating.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2023
- Citation
- A23035317
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 A23035317.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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