The Board has denied service connection for obesity but has remanded the issue of service connection for obstructive sleep apnea (OSA). The Veteran's obesity is not a disease or injury that can be granted on its own, but it may be an intermittent step between a service-connected disability and a current disability. Service connection for OSA will be remanded to obtain an opinion regarding whether the condition is related to the Veteran's military service.
The deciding factor: The Board found that obesity cannot be granted as a separate disability due to VA General Counsel Opinion, but it may be linked to another service-connected disability. The issue of service connection for OSA will be remanded because there is insufficient evidence regarding its cause or relation to the Veteran's service-connected sinusitis.
- Claimed conditions
- obesity, obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2021
- Citation
- 21010410
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 21010410.
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 Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
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