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
- Not verified here — check the original decision
- Decision date
- November 12, 2025
- Citation
- A25097857
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation A25097857.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Whole decision: Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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