The Board remands the claim for an initial rating in excess of 50 percent for obstructive sleep apnea with asthma due to a pre-decisional duty-to-assist error in not obtaining private treatment records.
The deciding factor: Remand is required to correct a pre-decisional error in VA's duty to assist the Veteran, as relevant private medical records were not obtained and are necessary for an appropriate rating determination.
- Claimed conditions
- obstructive sleep apnea (OSA) with asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2025
- Citation
- A25053879
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.
- Granted
The Board granted a 60 percent rating for the Veteran's obstructive sleep apnea (OSA) with asthma disability, effective November 10, 2023.
- Denied
The Board denied a rating in excess of 50 percent for obstructive sleep apnea (OSA) with asthma, as the Veteran's condition did not meet the criteria for a higher rating.
- Dismissed
The veteran withdrew his appeal for a higher disability rating for obstructive sleep apnea with asthma, and the Board dismissed the claim.
- Denied
The Board denied the veteran's claim for a rating higher than 50% for obstructive sleep apnea with asthma. The decision was based on the lack of evidence showing chronic respiratory failure, carbon dioxide retention, cor pulmonale, or the need for a tracheostomy.
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