The Veteran's claim for a rating in excess of 50 percent for his respiratory disorders, including sleep apnea, asthma, bronchitis and COPD, is being remanded due to the need for additional development. His TDIU claim is also being remanded as it is intertwined with his increased rating claim.
The deciding factor: The Veteran submitted a timely notice of disagreement regarding the July 2012 rating decision that provided a separate 10 percent rating for asthma, and the AOJ has granted entitlement to service connection for sleep apnea. The AOJ also found clear and unmistakable error (CUE) in the July 2012 rating decision and provided a single rating of 50 percent for service-connected sleep apnea, COPD, bronchitis and asthma under DC 6847.
- Claimed conditions
- sleep apnea, asthma, bronchitis, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 9, 2016
- Citation
- 1605013
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 1605013.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
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