The Board has determined that new evidence received since the last final decision supports reopening of the claim for service connection for obstructive sleep apnea. However, the preponderance of the evidence does not support a finding that the Veteran's current sleep apnea is related to his military service or Gulf War exposure.
The deciding factor: The VA examiner found it less likely than not that the Veteran’s sleep apnea began during or was otherwise caused by his military service, including as a result of any service-connected disabilities.
- Claimed conditions
- obstructive sleep apnea, cardiac arrythmia with palpitation, chronic fatigue syndrome, restless leg syndrome, bilateral hearing loss, bilateral tinnitus, posttraumatic stress disorder (PTSD), major depressive disorder with panic disorder without agoraphobia
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- December 20, 2019
- Citation
- A19003779
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 A19003779.
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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