The Veteran's request to revise or reverse a January 20, 2015, rating decision that denied service connection for obstructive sleep apnea (OSA) on the basis of clear and unmistakable error was denied. The Board also remanded entitlement to service connection for degenerative disc disease of the lumbar spine.
The deciding factor: The January 2015 rating decision did not contain CUE as the correct facts were before the adjudicator, and the statutory or regulatory provisions were correctly applied.
- Claimed conditions
- Obstructive Sleep Apnea, Degenerative Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2025
- Citation
- 25007275
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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