The Board has found a duty to assist error occurred prior to the February 2019 rating decision and remanded for an addendum medical opinion that addresses all relevant evidence of record, including an August 2017 private medical opinion.
The deciding factor: The January 2019 VA medical opinion did not address all relevant evidence of record, specifically an August 2017 private medical opinion finding the Veteran's sleep apnea was aggravated by his depressive disorder and a study reviewing treatment files of military veterans with sleep apnea and psychiatric disorders from 1998 to 2001.
- Claimed conditions
- obstructive sleep apnea, major depressive disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2019
- Citation
- A19001138
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 A19001138.
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 Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- 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.
- 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.
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