The Board has denied the Veteran's request to restore a 50 percent disability rating for service-connected obstructive sleep apnea due to aggravation by service-connected posttraumatic stress disorder, as the reduction was proper after deducting the baseline severity of the condition.
The deciding factor: The initial grant of a 50 percent rating for sleep apnea in July 2020 was found to be a clear and unmistakable error, and the reduction to a noncompensable rating in December 2020 was proper after deducting the baseline severity of the condition.
- Claimed conditions
- Obstructive sleep apnea, Posttraumatic stress disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 26, 2024
- Citation
- A24049825
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 A24049825.
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- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
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- Denied
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