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Partly granted

The appeal for erectile dysfunction is dismissed as the February 2025 rating decision was not final.,Entitlement to a higher rating for asthma is denied. The Veteran's asthma does not meet or approximate the criteria for a greater than 60 percent disability rating.,Service connection for OSA is remanded due to a pre-decisional duty to assist error, specifically the need for an adequate VA medical opinion.

The deciding factor: The February 2025 AOJ decision on erectile dysfunction was not final and did not constitute an adjudicative determination from which a Notice of Disagreement could be filed.,VA treatment records do not show that the Veteran's asthma required daily use of systemic high dose corticosteroids or immuno-suppressive medications, nor did he have more than one attack per week with episodes of respiratory failure. The most proximate PFT results showed FEV-1 and FEV-1/FVC findings above 80-percent predicted.,The VA examiner's opinion on OSA was based on the Veteran's post-service complaints without considering his pre-service sleep disturbances, which could have been indicative of in-service incurrence.

Claimed conditions
Erectile Dysfunction, Asthma, Obstructive Sleep Apnea (OSA)
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
None in this decision
Decision date
March 10, 2026
Citation
A26021529

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 A26021529.

What this means for you

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