The Veteran's service-connected disabilities do not render him unable to obtain and sustain substantially gainful employment, as he has reported working as an independent insurance agent.
The deciding factor: The Veteran's endorsement of work as an independent insurance agent contradicts his lay representations that he has been unemployable since 2007 due to chronic pain from service-connected disabilities.
- Claimed conditions
- Obstructive Sleep Apnea with Obstructive Pulmonary Disease, Persistent Depressive Disorder associated with Degenerative Arthritis of the Cervical Spine, Degenerative Arthritis of the Cervical Spine, Left and Right Upper Extremity Radiculopathy, Left Shoulder Rotator Cuff with Degenerative Arthritis and Tendonitis, Right Shoulder Degenerative Arthritis, Left Knee Degenerative Arthritis, Lumbosacral Strain with Degenerative Arthritis of the Spine, Bilateral Tinnitus, Right Ear Hearing Loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- August 5, 2024
- Citation
- A24043449
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 A24043449.
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.
- Denied
The Board denied the Veteran's claims of service connection for right ear hearing loss and a compensable rating for left ear hearing loss, finding that there was no evidence to support these claims based on in-service noise exposure or other theories.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Granted
The Board has restored the Veteran's disability ratings for right and left knee degenerative arthritis from 10 percent to 10 percent effective January 8, 2025.
- Granted
The Board has granted earlier effective dates for service connection of peripheral vestibular disorder with dizziness/vertigo, depressive disorder, left knee degenerative arthritis, and right knee degenerative arthritis all from July 4, 2023.
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