The Veteran's squamous cell carcinoma and associated scar are granted effective July 18, 2022.,The Veteran's obstructive sleep apnea is granted effective August 16, 2021. The rating for OSA remains denied as it does not meet the criteria for a higher disability rating.,The Veteran's hypertension and service connection for hypertension are both denied.,The Veteran's effective date for SMC based on housebound status is granted effective February 1, 2020.
The deciding factor: The claims were filed within one year of the intent to file a claim form, thus the appropriate effective dates are determined by the date VA received the intent to file a claim.,The Veteran's obstructive sleep apnea is rated at 50 percent due to use of a breathing assistance device such as a continuous positive airway pressure (CPAP) machine. The criteria for a higher disability rating do not meet the requirement of chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requiring tracheostomy.,The Veteran's hypertension does not warrant a compensable disability rating due to lack of diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more, or a history of diastolic pressure predominantly 100 or more.,The Veteran's squamous cell carcinoma and associated scar do not meet the criteria for a separate 100 percent rating under DC 7818 due to lack of treatment comparable to systemic malignancies. The scars are rated as disfigurement, visible or palpable tissue loss, and asymmetry.
- Claimed conditions
- squamous cell carcinoma, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2024
- Citation
- A24021613
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 A24021613.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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