The Board has remanded the claims of service connection for obstructive sleep apnea and TDIU due to deficiencies in the prior examination report, particularly regarding the potential secondary nexus between PTSD and obstructive sleep apnea. The AOJ is instructed to obtain an addendum opinion addressing these issues.
The deciding factor: The Board found that the November 2019 VA examiner's opinion was deficient as it did not address the potential secondary nexus between PTSD and obstructive sleep apnea, despite the Veteran being service-connected for more disabilities than just PTSD. The examiner also contradicted themselves by using the term 'association' to describe an etiological relationship but then asserting that there was no possible aggravation of the obstructive sleep apnea by PTSD.
- Claimed conditions
- obstructive sleep apnea, diabetes mellitus, type II
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074228
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 hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
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