The Board denied the veteran's claims for an earlier effective date for tinnitus, increased ratings for bilateral pes planus with secondary plantar fasciitis and cervical strain with degenerative disc disease, and a TDIU. The combination of asthma and sleep apnea was found to be proper in light of CUE in the December 2013 rating decision.
The deciding factor: The Board determined that there was clear and unmistakable error (CUE) in the December 2013 rating decision, which led to the denial of separate evaluations for asthma and sleep apnea. The evidence did not support an earlier effective date or increased ratings for the veteran's conditions.
- Claimed conditions
- asthma, sleep apnea, tinnitus, bilateral pes planus with secondary plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2025
- Citation
- A25034819
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 conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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