The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is secondary to her service-connected PTSD and other conditions. The VA needs to provide a new opinion on this issue.
The deciding factor: The VA examiner did not consider the impact of the Veteran’s medications for PTSD, including clonazepam, which can worsen sleep apnea.
- Claimed conditions
- sleep apnea, PTSD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- A20015272
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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