The Board denied the veteran's claims for an increased rating for obstructive sleep apnea and a total disability rating based on individual unemployability due to service-connected disabilities, as there was no evidence of chronic respiratory failure with carbon dioxide retention or cor pulmonale, or that his OSA required tracheostomy. The TDIU claim from December 4, 2019, is denied as moot.
The deciding factor: The Board found that the Veteran's obstructive sleep apnea did not meet the criteria for a higher rating and that he was not precluded from obtaining or maintaining substantially gainful employment prior to December 4, 2019. Effective December 4, 2019, his combined schedular rating of 100 percent, TDIU, and special monthly compensation rendered the TDIU claim moot.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044683
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.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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