The Board denied separate ratings for sleep apnea and asthma, remanded claims for service connection for recurrent pneumonia and bronchiectasis, and remanded the claim for a rating in excess of 50 percent for sleep apnea with asthma and chronic bronchitis.
The deciding factor: The decision was based on the prohibition against assigning separate ratings for coexisting respiratory conditions under 38 C.F.R. § 4.96(a).
- Claimed conditions
- sleep apnea, asthma, bronchiectasis, pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041405
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.