The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected disabilities and whether obesity is a substantial factor in causing or aggravating his obstructive sleep apnea.
The deciding factor: The decision was based on the need to obtain additional medical opinions regarding the relationship between the Veteran's service-connected disabilities and his claimed conditions, particularly focusing on the link between obesity and his service-connected orthopedic and psychiatric disabilities.
- Claimed conditions
- obstructive sleep apnea, major depressive disorder, right ankle injury residuals, lumbar strain with degenerative joint disease, left ankle disabilities
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2022
- Citation
- 22065399
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 22065399.
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 Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- 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.
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