The Board denied a TDIU for the period between January 9, 2020, and February 17, 2023, finding that the Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment.,The Board also denied an earlier effective date for DEA benefits eligibility prior to February 17, 2023, as there was no evidence of a total and permanent service-connected disability before this date.
The deciding factor: The Veteran's service-connected disabilities did not meet the criteria for a TDIU during the period between January 9, 2020, and February 17, 2023. The medical evidence did not establish that his OSA or low back pain rendered him unable to secure or follow substantially gainful employment.,The Veteran's total service-connected disability was found to be permanent as of February 17, 2023, but there was no evidence of a total and permanent service-connected disability prior to this date.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Low Back Pain, Hemorrhoids, Hammer toes, Septal Deviation with Allergic Rhinitis, Hiatal Hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2024
- Citation
- A24019391
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 A24019391.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Dismissed
The Veteran withdrew his appeal for an increased evaluation of his hemorrhoids, so the case is dismissed.
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