The Board has granted service connection for asthma, but has remanded the issue of service connection for obstructive sleep apnea due to deficiencies in the July 2015 VA medical opinion.
The deciding factor: The July 2015 VA medical opinion was found to be incomplete and did not discuss or weigh a February 2014 STR reflecting that the Veteran endorsed inadequate sleep during service, which is suggestive of obstructive sleep apnea.
- Claimed conditions
- Asthma, Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178604
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 service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.