The appeal was denied an initial disability rating in excess of 50 percent for the service-connected severe obstructive apnea, central sleep apnea and sleep related hypoxemia. However, a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities since January 9, 2020, but no earlier, was granted.
The deciding factor: The Veteran's sleep apnea did not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale and did not require tracheostomy. However, the Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities since January 9, 2020.
- Claimed conditions
- severe obstructive apnea, central sleep apnea and sleep related hypoxemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 9, 2025
- Citation
- A25032845
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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