Remanded (sent back)
The appeal for a disability rating in excess of 50 percent and an effective date prior to October 19, 2010, for the service-connected asthma with sleep apnea is remanded due to outstanding VA medical records and the need for additional evidence.
The deciding factor: Remand is required because the VA Regional Office did not obtain outstanding VA medical records that were in its constructive possession at the time it issued the Supplemental Statement of the Case, and there are new evidentiary considerations related to medication effects on sleep apnea severity.
- Claimed conditions
- Asthma with sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2025
- Citation
- 25013148
Want to see how appeals like this one tend to go? Appeals like mine
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