The Board has denied the Veteran's claim for a separate rating for sleep apnea, finding that the February 2015 rating decision incorrectly applied the applicable laws and regulations existing at the time, when it assigned separate disability ratings for sleep apnea and asthma. The reduction in evaluation was proper based on CUE.
The deciding factor: The Board found that the February 2015 rating decision incorrectly applied the applicable laws and regulations existing at the time, specifically 38 C.F.R. § 4.96, when it assigned separate disability ratings for sleep apnea and asthma due to CUE.
- Claimed conditions
- Sleep apnea, Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 23, 2024
- Citation
- A24040338
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 A24040338.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
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