The Board has decided to remand the case due to inadequate VA examinations and opinions, specifically regarding whether the Veteran's service-connected orthopedic disabilities and/or MDD are related to his weight gain and obesity, which may be an intermediate step in causing or contributing to his sleep apnea.
The deciding factor: The Court found that there was no evidence linking the Veteran's service-connected orthopedic disabilities and resulting mobility limitations to weight gain, and no evidence connecting the Veteran's service-connected MDD to behaviors associated with weight gain. The Board acknowledges this finding but finds a theory of obesity as an intermediate step must be addressed in the requested medical opinion.
- Claimed conditions
- sleep apnea, major depressive disorder (MDD), orthopedic disabilities
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2021
- Citation
- 21061771
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 21061771.
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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- 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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