The Veteran's appeal was denied as his obstructive sleep apnea and right shoulder disability were not productive of chronic respiratory failure or cor pulmonale, nor did they require a tracheostomy. The effective date for the initial rating of 50 percent for obstructive sleep apnea is October 4, 2011.,The Veteran's right shoulder disability was denied in a final decision and reopened with new evidence filed on August 22, 2013. An initial 20 percent rating has been assigned since then.
The deciding factor: The Veteran's obstructive sleep apnea did not meet the criteria for a higher rating as it was not productive of chronic respiratory failure or cor pulmonale and did not require a tracheostomy.,The Veteran's right shoulder disability met the criteria for a 20 percent rating under Diagnostic Code 5201, as his motion was limited to the shoulder level.
- Claimed conditions
- Obstructive Sleep Apnea, Acromioclavicular Osteoarthritis Right Shoulder (Major), Osteoarthritis, Left Knee, Left Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 6, 2024
- Citation
- A24044066
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 A24044066.
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.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
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