The Board remands the claims for service connection for a respiratory disability other than OSA and OSA due to inadequate VA examinations and the need for additional evidence.
The deciding factor: Inadequate VA examination opinions and the need for relevant private records are the deciding factors for remand.
- Claimed conditions
- Respiratory disability other than OSA, OSA
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2025
- Citation
- A25107994
Veterans Law Judge
Decisions by this judge: 926 · Granted: 33% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation A25107994.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for an initial rating of 50 percent for OSA with coughing, effective from November 7, 2023, is granted. The appeal regarding a higher rating and the effective date for service connection are both denied.
- Remanded (sent back)
The Board has determined that there were duty to assist errors in the previous rating decisions and remands the cases for further development.
- Denied
The Veteran's claim for earlier effective date and increased ratings for OSA with sinusitis was denied. The appeal period began on April 29, 2014, when the Veteran filed a new claim for service connection for OSA. Service connection was granted in June 2023, but an earlier effective date is not warranted.
- Denied
The Board denied the Veteran's claims for TDIU, right shoulder disability rating, PTSD disability rating, and OSA disability rating. The appeal of the OSA rating was dismissed due to withdrawal by the Veteran.
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