The Board granted service connection for obstructive sleep apnea and bilateral hearing loss, but denied a total disability based on individual unemployability (TDIU) from July 12, 2013 to May 3, 2018. The TDIU was granted from May 3, 2018 to June 28, 2018 and from August 1, 2018 to November 27, 2018 due to service-connected PTSD.
The deciding factor: The evidence is at least evenly balanced as to whether the Veteran's OSA had its onset in service. The evidence is approximately balanced as to whether the Veteran's bilateral hearing loss is related to in-service acoustic trauma. For the TDIU, from July 12, 2013 to May 3, 2018, the Veteran's service-connected disabilities did not preclude him from following a substantially gainful occupation for which his education and occupational experience would otherwise qualify.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Bilateral Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002503
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
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