The Board has remanded the Veteran's claim for sleep apnea as secondary to his service-connected HIV due to inadequate examination and opinion provided in April 2018. The Veteran needs a new VA examination by an expert in infectious diseases, virology, or immunology.
The deciding factor: The previous VA examiner did not review the relevant treatise evidence and lacked expertise in the interplay between medication, HIV treatment, and reactions to medications in HIV patients, as well as sleep apnea.
- Claimed conditions
- Sleep Apnea, Human Immunodeficiency Virus (HIV)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 7, 2022
- Citation
- 22056914
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. Read the original VA decision (opens in a new tab) using citation 22056914.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Denied
The Board has denied service connection for treatment purposes only for PTSD and remanded the claim of service connection for treatment purposes only for HIV.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
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