The Board has remanded the issue of service connection for obstructive sleep apnea (OSA), including as secondary to the service-connected psychiatric disability, due to a lack of clarity in the VA medical opinion provided. The Veteran's attorney submitted two articles that suggest an association between sleep apnea and psychiatric disabilities, which needs further clarification.
The deciding factor: The Board found conflicting statements from the VA examiner regarding whether any medical literature supports the theory that a psychiatric disability can either cause or aggravate OSA, and requested another remand for an addendum opinion to address these issues in light of the submitted articles.
- Claimed conditions
- obstructive sleep apnea (OSA), hypertension, peripheral neuropathy of the lower extremities or nerve damage, erectile dysfunction (ED), chronic fatigue syndrome (CFS), fibromyalgia, undiagnosed illness manifested as joint pain and weakness, undiagnosed illness manifesting as fatigue, undiagnosed illness manifesting as muscle weakness
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2019
- Citation
- 19174747
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 19174747.
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.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- 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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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