The Board denied the veteran's claims for a separate evaluation for asthma and obstructive sleep apnea, entitlement to TDIU, and an increased rating for his acquired psychiatric disorder.
The deciding factor: The decision was based on the lack of legal entitlement under 38 C.F.R. § 4.96(a) which prohibits separate ratings for asthma and obstructive sleep apnea, as well as the evidence not showing that the veteran's service-connected disabilities precluded him from securing or following substantially gainful employment.
- Claimed conditions
- Asthma, Obstructive Sleep Apnea, Acquired Psychiatric Disorder (Depressive and Anxiety Disorder), Hypertension with Early Nephrosclerosis with Chronic Kidney Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2025
- Citation
- A25097857
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