The Board has dismissed the appeals on service connection for obstructive sleep apnea, an initial disability rating in excess of 10 percent for asthma prior to October 2, 2018, and a disability rating in excess of 30 percent for asthma from October 2, 2018, and thereafter. The appeal for TDIU is also dismissed. The case is remanded for further development.
The deciding factor: The Veteran withdrew her appeals on the issues related to service connection for obstructive sleep apnea, an initial disability rating in excess of 10 percent for asthma prior to October 2, 2018, and a disability rating in excess of 30 percent for asthma from October 2, 2018, and thereafter. The appeal for TDIU is also withdrawn.
- Claimed conditions
- obstructive sleep apnea, asthma, posttraumatic stress disorder (PTSD) with major depressive disorder and attention deficit hyperactivity disorder (ADHD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2020
- Citation
- 20002194
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
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