The appeal for an earlier effective date for the award of service connection for obstructive sleep apnea was dismissed, and a disability rating in excess of 50 percent for service-connected obstructive sleep apnea was denied. The motion for revision or reversal on the basis of clear and unmistakable error of the December 10, 2013, Rating Decision denying service connection for obstructive sleep apnea is remanded.
The deciding factor: The evidence did not establish that the Veteran's obstructive sleep apnea manifested as chronic respiratory failure with carbon dioxide retention or cor pulmonale or otherwise required a tracheostomy. The motion for revision or reversal on the basis of clear and unmistakable error was remanded due to an administrative oversight in not addressing it initially.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2025
- Citation
- A25105188
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