The Board denied the Veteran's claim for an increased rating for obstructive sleep apnea and remanded it to obtain additional evidence. The Veteran appealed this decision, and the Court vacated the Board's decision and ordered further action. The case is now being remanded to consider whether the Veteran's obstructive sleep apnea is aggravated by his service-connected sarcoidosis.
The deciding factor: The VA examiner determined that it was at least as likely as not that the Veteran's obstructive sleep apnea could be aggravated by his service-connected sarcoidosis, but this opinion alone does not meet the burden of proof for a grant of an increased rating. The case is remanded to obtain additional evidence and consider whether aggravation has occurred.
- Claimed conditions
- obstructive sleep apnea, sarcoidosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 10, 2013
- Citation
- 1322081
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. Read the original VA decision (opens in a new tab) using citation 1322081.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Whole decision: Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Whole decision: Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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