The Board has determined that new evidence received since the November 2011 rating decision warrants readjudication of the claim for service connection for fatigue as secondary to service-connected COPD with obstructive sleep apnea. The Veteran's current evaluation for COPD remains at 60 percent, and the criteria do not support an increased evaluation.
The deciding factor: The evidence does not meet the criteria for a higher rating under Diagnostic Codes 4.97 (COPD) or 4.96 (sleep apnea).
- Claimed conditions
- COPD with obstructive sleep apnea, Fatigue
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 10, 2021
- Citation
- A21019732
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 A21019732.
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.
- Remanded (sent back)
The Veteran's PTSD is rated at 70 percent, and the Board has determined that a higher rating of 100 percent is not warranted.,Service connection for a back disability, fatigue, and sleep apnea are remanded due to duty-to-assist errors.
- Granted
The Veteran's claim for service connection for OSA as secondary to his service-connected restrictive lung disease has been granted.,The issue of entitlement to service connection for fatigue is being remanded.
- Granted
The Veteran's PTSD is related to combat in service and granted service connection.,The Veteran does not have hypertension for VA purposes, thus denial of service connection.,The Veteran's fatigue is attributed to his service-connected fibromyalgia, obstructive sleep apnea, and PTSD, resulting in denial of service connection.,Service connection for hypothyroidism and hyperthyroidism are dismissed due to the Veteran explicitly withdrawing his appeal.,Service connection for a disability manifesting in memory loss other than an acquired psychological disorder is denied as it overlaps with PTSD.,Service connection for myofascial pain syndrome is denied as it overlaps with fibromyalgia.
- Remanded (sent back)
The Board has remanded the claims for service connection for fatigue, dizziness, and chronic kidney disease secondary to the Veteran's service-connected multiple myeloma due to a pre-decisional duty-to-assist error.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.