The appeal was denied for an initial disability rating in excess of 30 percent for obstructive sleep apnea, but granted for an earlier effective date of October 11, 2021, for the award of a total disability rating based upon individual unemployability (TDIU).
The deciding factor: The evidence did not support a higher initial rating for obstructive sleep apnea as it did not meet the criteria for a 50 percent or 100 percent rating. However, the Veteran met the schedular requirements for TDIU and was unable to secure or follow a substantially gainful occupation from that date forward.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 5, 2025
- Citation
- A25096038
Want to see how appeals like this one tend to go? Appeals like mine
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.