The Board has remanded the case for further development, including obtaining updated VA treatment records and securing any relevant private treatment records. An independent medical opinion will be requested under 38 U.S.C. § 5109/38 C.F.R. § 3.328 to address whether OSA had its onset in or is otherwise related to the Veteran's active service, as well as whether it is proximately due to any of his service-connected disabilities (including PTSD, asthma, IBS, GERD, or sinusitis), and whether it has been aggravated by any of those conditions.
The deciding factor: The Board found that there are insufficient opinions in the record regarding direct service connection for OSA and the impact of service-connected conditions on the development of OSA. The Veteran's statements and submitted medical articles provide reasonable explanations for how asthma, PTSD, GERD, and other conditions could be related to OSA.
- Claimed conditions
- Obstructive Sleep Apnea Syndrome (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2021
- Citation
- 21012275
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 21012275.
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 has granted the Veteran's claim for service connection for Obstructive Sleep Apnea Syndrome (OSA) as it is at least as likely as not caused or chronically worsened by his service-connected musculoskeletal disabilities.
- Remanded (sent back)
The Board has determined that there was a duty to assist error prior to the issuance of the decision on appeal and has ordered remand for further development. Specifically, the AOJ is required to verify all periods of active duty, ACDUTRA, and INACDUTRA during the Veteran's National Guard service and obtain any outstanding line of duty determinations.
- Remanded (sent back)
The Board has remanded the case due to new and relevant evidence submitted by the Veteran, which includes a December 2018 note from the VA sleep lab. The claim for service connection for OSA is now pending.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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