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
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using 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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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