The Board has remanded the case due to an incomplete VA medical opinion regarding whether the Veteran's death, caused by adult respiratory distress syndrome due to pneumonia, with contributing factors of obesity and sleep apnea, is etiologically related to service. The appellant must provide a supplemental statement of the case (SSOC) if the benefits sought are not granted.
The deciding factor: The VA medical opinion provided did not address whether the Veteran's death was caused by his active duty service or any contributing conditions such as obesity and sleep apnea, which were found to be etiologically related. The Board requires a new opinion on this issue.
- Claimed conditions
- adult respiratory distress syndrome, pneumonia, obesity, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2010
- Citation
- 1047999
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 1047999.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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