The veteran's sleep disorder and respiratory disorder are not service connected. The Board has granted a 40% evaluation for prostatitis as of December 11, 2002.
The deciding factor: No objective indications of chronic disability were found in the veteran's medical records related to his claimed conditions.
- Claimed conditions
- Respiratory Disorder, Sleep Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 2, 2003
- Citation
- 0308394
Veterans Law Judge
Decisions by this judge: 493 · Granted: 28% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0308394.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims of service connection for COPD and Sleep Disorder due to insufficient development, including a lack of VA examinations or medical opinions assessing these conditions. The RO must provide such assessments.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and will need additional medical opinions regarding the onset of the Veteran's sleep disability during service.
- Whole decision: Denied
The Board denied initial ratings in excess of the assigned percentages for OSA, hypertension, allergic rhinitis, and irritable colon syndrome. Service connection was also denied for chronic fatigue syndrome and a respiratory disorder.
- Whole decision: Remanded (sent back)
The Board remands the claim for a sleep disorder, to include obstructive sleep apnea, due to insufficient evidence and the need for further development.
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