Denied
The Board denied the restoration of a separate 50 percent rating for sleep apnea due to clear and unmistakable error in the May 2008 rating decision.
The deciding factor: The May 2008 rating decision incorrectly applied the applicable laws and regulations existing at the time, when it assigned separate disability ratings for sleep apnea and pulmonary embolism, and warrants a finding of CUE.
- Claimed conditions
- Sleep apnea, Pulmonary embolism
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2025
- Citation
- A25105680
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