Remanded (sent back)
The Board remands the case to allow for the RO to adjudicate a CUE claim regarding the November 2007 rating decision that did not award service connection for obstructive sleep apnea.
The deciding factor: The RO has yet to adjudicate the CUE claim in the first instance, amounting to an error to fulfill VA's statutory or regulatory duty and barring the Board from asserting jurisdiction over the matter.
- Claimed conditions
- exercise-induced asthma, restless leg syndrome (claimed as sleeping disorder), obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2025
- Citation
- A25096599
Want to see how appeals like this one tend to go? Appeals like mine
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