The Board denied an initial rating in excess of 50 percent for obstructive sleep apnea and denied an effective date prior to November 22, 2022, for the award of service connection for OSA.
The deciding factor: The Veteran's obstructive sleep apnea did not meet the criteria for a higher rating or an earlier effective date due to the lack of evidence supporting chronic respiratory failure with carbon dioxide retention or cor pulmonale and the fact that his claim was not continuously pursued prior to November 22, 2022.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2025
- Citation
- A25030906
Veterans Law Judge
Decisions by this judge: 869 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25030906.
What this means for you
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What you can do next
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
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The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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