The Board has decided to remand the claim for obstructive sleep apnea due to insufficient medical opinions in a previous VA examination. The Veteran and his spouse have provided evidence suggesting that the current sleep apnea may be related to service-connected psychiatric disability, migraine headache disability, or obesity caused by the service-connected psychiatric disability.
The deciding factor: The Board found that the previous VA examiner's opinion was inadequate as it did not provide a rationale for its conclusions and improperly addressed the Veteran's sleep apnea as preexisting. The remand requires a new examination to address these issues with a different examiner.
- Claimed conditions
- obstructive sleep apnea, other specified trauma-related disorder with bipolar disorder, depressive episodes, and a history of alcohol and stimulant use disorder in remission
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2023
- Citation
- 23003109
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 23003109.
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 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.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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