The Board denied the Veteran's claim for a higher rating than 50 percent for his sleep apnea with asthma based on the evidence of record.
The deciding factor: The Veteran's symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- obstructive sleep apnea with asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 2, 2024
- Citation
- A24062736
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.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
- Dismissed
The Board dismissed the claims for a compensable rating for headaches, an increased rating for PTSD and obstructive sleep apnea with asthma, as well as denied service connection for various conditions including allergies, bronchiectasis, nasal polyps, nausea, severe anxiety, severe depression, sexual dysfunction, suicidal ideations, and vertigo.
- Partly granted
The Board granted restoration to a 30 percent rating for migraine including migraine variants and tension headaches, but denied increased ratings for other conditions.
- Granted
The Board granted an effective date of January 25, 2011, for the grant of service connection for obstructive sleep apnea with asthma.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.