The Board has remanded the case due to a new theory of entitlement presented by the Veteran's representative, suggesting that OSA is secondary to service-connected diabetes. The Board requests an addendum opinion from a sleep disorder specialist to address whether OSA is proximately caused or underwent any incremental increase in disability due to service-connected diabetes.
The deciding factor: The Veteran's representative has presented a new theory of entitlement for benefits sought, suggesting that the Veteran's obstructive sleep apnea (OSA) is secondary to his service-connected diabetes. The Board finds this requires an addendum opinion from a qualified medical professional to address whether OSA is proximately caused or underwent any incremental increase in disability due to service-connected diabetes.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Diabetes Mellitus, Type II
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2022
- Citation
- 22066537
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 22066537.
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.
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The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
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The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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