The Board denied the Veteran's appeal for a total disability rating based on individual unemployability (TDIU) prior to July 7, 2016, as his service-connected sleep apnea and cervical disc herniation C3-C4 with cervical stenosis at C3-C7 alone were not of such nature and severity to preclude him from securing or following substantially gainful employment.
The deciding factor: The evidence did not demonstrate that the Veteran's service-connected disabilities, when considered individually, were severe enough to prevent him from obtaining and maintaining substantially gainful employment prior to July 7, 2016.
- Claimed conditions
- Sleep Apnea, Cervical Disc Herniation C3-C4 with Cervical Stenosis at C3-C7
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2025
- Citation
- A25027073
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.
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The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for a TDIU and remanded several service connection claims.
- Partly granted
The Board granted a 100 percent disability rating for PTSD, NCD, and TBI prior to May 4, 2023, and restored the 10 percent rating for GERD effective June 8, 2023.
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