The Board has determined that there was clear and unmistakable error (CUE) in the May 2013 rating decision, which assigned separate disability ratings for chronic bronchitis and OSA. As a result, the Veteran's combined disability rating from 70% to 60% is restored.
The deciding factor: The assignment of separate ratings for chronic bronchitis and obstructive sleep apnea (OSA) in the May 2013 rating decision was found to be the product of CUE due to a failure to correctly apply the provisions of 38 C.F.R. § 4.96(a).
- Claimed conditions
- chronic bronchitis, obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- December 21, 2020
- Citation
- A20019061
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 A20019061.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
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