The Board denied an initial rating in excess of 50 percent for obstructive sleep apnea and an initial rating in excess of 40 percent for a back condition, granted an initial rating of 20 percent for right shoulder bursitis prior to January 15, 2020, and a 30 percent rating effective from that date. The Board also denied an initial compensable rating for dermatophytosis and granted a total disability rating based on individual unemployability effective February 28, 2020.

The deciding factor: The probative evidence of record did not demonstrate the severity required to warrant higher ratings for OSA or back condition. The Veteran's right shoulder condition met the criteria for staged ratings, and a TDIU was granted based on his service-connected disabilities precluding him from securing and following a substantially gainful occupation.

Claimed conditions

obstructive sleep apnea (OSA), spine disability, to include as a manifestation of an undiagnosed illness or medically unexplained chronic multisymptom illness (back condition), right shoulder bursitis (right shoulder condition), dermatophytosis, claimed as hand and feet fungus (skin condition)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 10, 2025

Citation

A25097491

Want to see how appeals like this one tend to go? Appeals like mine