The Veteran's initial claim for a higher rating for his service-connected obstructive and restrictive ventilatory dysfunction with pulmonary fibrosis (claimed as asbestosis) is granted. The Board also finds that the Veteran’s sleep apnea should be remanded to obtain an addendum opinion regarding whether it is at least as likely as not caused or aggravated by his service-connected respiratory condition.
The deciding factor: The VA examiner's opinion on the cause and aggravation of the Veteran's sleep apnea was insufficient, thus requiring a new evaluation.
- Claimed conditions
- obstructive and restrictive ventilatory dysfunction with pulmonary fibrosis, reactive airways
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 7, 2018
- Citation
- 18148221
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 18148221.
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 claims for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and either his active duty or any service-connected disability. The denial was based on the lack of medical opinion linking his OSA to his pulmonary fibrosis.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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