The Board granted a 50 percent rating for service-connected obstructive sleep apnea (OSA) because the Veteran requires the use of a continuous positive airway pressure (CPAP) machine, but no higher as there is no evidence of chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requiring tracheostomy.
The deciding factor: The Board found that the criteria for a 50 percent rating based on OSA requiring use of a CPAP machine were met, but not for a maximum schedular 100 percent rating due to lack of evidence of chronic respiratory failure with carbon dioxide retention, cor pulmonale or requiring tracheostomy.
- Claimed conditions
- obstructive sleep apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- November 7, 2024
- Citation
- A24072973
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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