The Board has remanded the case due to insufficient medical examination regarding the etiology of the Veteran's obstructive sleep apnea and whether his service-connected depressive disorder aggravated it. The examiner is asked to consider the Veteran's father's observations, his own testimony about weight gain during service, and medical literature.
The deciding factor: The Board found that the February 2021 VA examination did not address the issue of whether the Veteran's obstructive sleep apnea began in service and did not address the Veteran's father's June 2019 lay statement. The examiner is asked to provide an opinion on these issues.
- Claimed conditions
- Obstructive sleep apnea, Depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2022
- Citation
- 22071434
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 22071434.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
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