The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's current obstructive sleep apnea is related to his service-connected PTSD and if it is aggravated by his PTSD. The decision also mentions that the claim for individual unemployability (TDIU) is inextricably intertwined with the service connection claim.
The deciding factor: The Board found a pre-decisional duty to assist error due to inadequate medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected PTSD, as well as the aggravation of his sleep apnea by his PTSD.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2020
- Citation
- A20017972
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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