The Board denied the Veteran's claim for an earlier effective date for a 50 percent rating for his respiratory disability, finding no factually ascertainable increase in severity within one year prior to June 27, 2023.
The deciding factor: The increase was based on use of a CPAP machine and not due to the PACT Act or other presumptive conditions related to service exposure.
- Claimed conditions
- obstructive sleep apnea (OSA) with asthma, chronic obstructive pulmonary disease (COPD), chronic bronchitis, and emphysema (respiratory disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 3, 2025
- Citation
- A25048850
Veterans Law Judge
Decisions by this judge: 878 · Granted: 46% (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 A25048850.
What this means for you
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What you can do next
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- Granted
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