The Veteran's OSA with asthma is currently rated at 50 percent, which is the maximum schedular rating available.,Given his service-connected disabilities, including OSA and asthma, the Board has granted a TDIU.
The deciding factor: The Veteran’s OSA disability requires use of a CPAP machine but does not meet criteria for higher ratings due to lack of respiratory failure or cor pulmonale. His asthma warrants a 30 percent rating based on daily inhalational therapy and anti-inflammatory medications.
- Claimed conditions
- Obstructive Sleep Apnea with Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- August 21, 2019
- Citation
- 19165122
Veterans Law Judge
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. Look up the original decision on VA.gov (opens in a new tab) using citation 19165122.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's PTSD is granted a higher initial rating of 70 percent, while the claim for a higher disability rating for obstructive sleep apnea with asthma is denied.
- Denied
The Veteran's claim for a rating in excess of 50 percent for obstructive sleep apnea with asthma, to include a separate rating for asthma, was denied.
- Granted
- Remanded (sent back)
The Board has remanded the issues of entitlement to service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1151 due to incomplete VA treatment records, insufficient examination opinions, and need for additional medical evaluation.
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