The Board has decided to remand the case due to a lack of an opinion on whether the Veteran's obstructive sleep apnea is aggravated by his service-connected major depressive disorder. The claim will be reconsidered with additional examination and analysis.
The deciding factor: The VA examiner only provided an opinion on causation, not aggravation, which is required for secondary-service-connection claims.
- Claimed conditions
- obstructive sleep apnea (OSA), major depressive disorder (MDD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- A20016174
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.
- 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.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claims for service connection for unspecified anxiety disorder and major depressive disorder to obtain an adequate medical opinion regarding their etiology.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
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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.