The appeal for entitlement to service connection for sleep apnea and increased ratings for PTSD and a lumbar spine disability must be dismissed as a matter of law. However, the Veteran is granted a TDIU effective October 17, 2023.
The deciding factor: The competing lay and medical evidence weighs persuasively against finding that, within the one-year period prior to October 17, 2023, it is factually ascertainable that the Veteran's service-connected disabilities increased in severity so as to preclude her from securing or following substantially gainful employment.
- Claimed conditions
- sleep apnea, posttraumatic stress disorder (PTSD), lumbar spine degenerative arthritis with intervertebral disc syndrome and spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25039278
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
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