The Veteran's initial claim for higher ratings and earlier effective date for sleep apnea was denied. The Board also found that the Veteran is not entitled to a TDIU prior to November 4, 2014.
The deciding factor: The medical evidence did not show chronic respiratory failure or cor pulmonale necessitating a tracheostomy, which would warrant a higher rating than 50 percent for sleep apnea. The effective date was fixed at the date of receipt of the claim (November 4, 2014) as there is no earlier communication constituting a claim.
- Claimed conditions
- sleep apnea, major depressive disorder, diabetes, bilateral upper extremity neuropathy, bilateral lower extremity neuropathy, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 17, 2023
- Citation
- 23061499
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 23061499.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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