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
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (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 A25044683.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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