The Board found that the July 12, 1999 rating decision was not clearly and unmistakably erroneous and denied the Veteran's motion to reverse or revise the decision on grounds of CUE.
The deciding factor: The RO assigned a single combined rating based on the predominant disability under Diagnostic Codes 6602 (bronchial asthma) and 6847 (sleep apnea), which was entirely correct under VA regulations.
- Claimed conditions
- bronchial asthma, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- September 28, 2009
- Citation
- 0936629
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 0936629.
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 Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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