The Board denied the motion to revise or reverse on the basis of clear and unmistakable error (CUE) an August 29, 2012 rating decision that assigned a noncompensable (0 percent) rating for insomnia and did not adjudicate the issue of total disability rating based on individual unemployability due to service-connected disability (TDIU).
The deciding factor: The evidence at the time of the August 29, 2012 rating decision did not undebatably show symptoms consistent with a compensable disability rating for insomnia or establish that the Veteran was unable to obtain or maintain a substantially gainful occupation by reason of service-connected disabilities.
- Claimed conditions
- Insomnia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2025
- Citation
- A25027321
Veterans Law Judge
Decisions by this judge: 154 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25027321.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
- Denied
The Veteran's claim for a separate disability rating for insomnia is denied as it is subsumed under his service-connected PTSD.,The effective date for the grant of service connection for PTSD is denied as no new and material evidence was submitted within one year of the July 1986 denial, making the June 9, 2017, claim without legal merit.,The effective date for the grant of service connection for OSA is denied as no new and material evidence was submitted within one year of the April 2013 denial, making the June 9, 2017, claim without legal merit.
- Granted
The Veteran's service connection claim for insomnia is granted as the evidence supports a finding that his current insomnia began during and has continued since service, and was at least as likely as not caused by service.
- Granted
The Board has granted a 70 percent disability rating for the Veteran's service-connected MDD, including insomnia and anxiety disorder, effective from November 13, 2024. The decision concludes that the Veteran's symptoms have most nearly approximated occupational and social impairment with deficiencies in most areas.
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