The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection of obstructive sleep apnea. The case is remanded for a VA examination to assess the current severity of his back strain, including flare-ups, and an addendum opinion regarding whether his sleep apnea is secondary to PTSD.
The deciding factor: The Board found that new evidence has been submitted which relates to an unestablished fact necessary to substantiate the underlying service connection claim for obstructive sleep apnea. The case is therefore remanded for further evaluation of both conditions.
- Claimed conditions
- obstructive sleep apnea, back strain
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20002972
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.
- 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.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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