The Veteran's claim for an increased rating for obstructive sleep apnea was granted with a 50% rating effective December 12, 2015. The earlier effective date of September 15, 2015 is based on the evidence showing use of a breathing assistance device (CPAP).
The deciding factor: The increase in severity of the Veteran's sleep apnea was factually ascertainable as of September 15, 2015 when he used a CPAP machine.
- Claimed conditions
- right hemisphere with subarachnoid hemorrhage and residual repairs, obstructive sleep apnea, gout, left knee disability, cardiac disability, bilateral ear disability other than tinnitus, dental disability for compensation purposes (to include bruxism)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 10, 2024
- Citation
- 24015581
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 24015581.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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