The Board denied the Veteran's motion for clear and unmistakable error (CUE) in prior rating decisions that denied service connection for obstructive sleep apnea, as the correct facts were not before the adjudicator at the time of those decisions.
The deciding factor: The July 2012 decision was based on a VA examiner's opinion that there was no credible medical literature linking atrial fibrillation to OSA and that OSA is more likely related to obesity. The service treatment records, which showed complaints of difficulty breathing or sudden breathing problems at night, were not considered as new evidence in the July 2012 decision.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2025
- Citation
- A25050651
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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