The Board denied ratings greater than the current levels for obstructive sleep apnea with asthma, degenerative arthritis of the spine, right shoulder degenerative arthritis, insomnia disorder, left knee strain, and traumatic brain injury.
The deciding factor: The evidence did not support a higher rating as it did not meet or nearly approximate the criteria for increased ratings under applicable diagnostic codes.
- Claimed conditions
- obstructive sleep apnea with asthma, degenerative arthritis of the spine, status post compression fracture T-12, right shoulder degenerative arthritis, insomnia disorder, left knee strain, traumatic brain injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004409
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
- Remanded (sent back)
The appeal is remanded to correct pre-decisional duty to assist errors, including the failure to obtain relevant treatment records and provide adequate VA examinations.
- Dismissed
The veteran's appeal requests for service connection and increased ratings were denied due to untimeliness, as the appeals were not filed within one year of the respective rating decisions.
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