The Veteran's obstructive sleep apnea and emphysema/COPD have not met the criteria for a rating in excess of 50 percent, as they do not show chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor require tracheostomy. The current symptoms are adequately reflected by the existing 50% rating.
The deciding factor: The PFT results do not meet the criteria for a higher rating (60%) which requires DLCO of 40 to 55 percent predicted; or FEV-1/FVC of 40 to 55 percent; or FEV-1 of 40 to 55 percent predicted.
- Claimed conditions
- Obstructive Sleep Apnea, Emphysema/COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 20, 2020
- Citation
- 20048435
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. Read the original VA decision (opens in a new tab) using citation 20048435.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Whole decision: Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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