The Board remands the claim for an initial compensable rating in excess of 50 percent for sleep apnea with asthma due to pre-decisional duty to assist errors.
The deciding factor: Remand is necessary due to a pre-decisional duty to assist error, including the need for a new VA examination and a PFT.
- Claimed conditions
- sleep apnea with asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 7, 2025
- Citation
- A25041562
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 the veteran's claims for increased ratings for left shoulder acromioclavicular joint osteoarthritis & separation condition, bilateral sensorineural hearing loss, and sleep apnea with asthma.
- Denied
The Board denied an initial disability rating in excess of 20 percent for a neck disability and an initial disability rating in excess of 50 percent for sleep apnea with asthma, as well as entitlement to TDIU based on the sleep apnea alone.
- Denied
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 50 percent for sleep apnea with asthma, while remanding several other claims for further development.
- Granted
The Board granted an earlier effective date of August 29, 2018, for service connection of sleep apnea with asthma and a compensable rating.
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