The Board has determined that the VA examination conducted in August 2022 did not provide a sufficient opinion regarding whether the Veteran's sleep apnea is related to his military service, particularly given his exposure to herbicide agents. The case is being remanded for another examination and an updated medical opinion.
The deciding factor: The Board found that the previous VA examination was insufficient due to its failure to address the Veteran's statements about symptoms during service and the lack of a discussion on the relationship between tinnitus or hearing loss and sleep apnea.
- Claimed conditions
- sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2023
- Citation
- 23005317
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 23005317.
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.
- Dismissed
The Board dismissed the appeal for service connection of somatic symptom disorder. The effective date for the grant of service connection for sleep apnea (OSA) was set at February 4, 2020, and a rating in excess of 50 percent for OSA is denied.
- Granted
The Board has determined that the Veteran's sleep apnea began during his active service and grants service connection for this condition.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for sleep apnea (OSA) and a heart condition due to new evidence being submitted. The Veteran's private medical opinions linking his conditions to service are considered insufficient, and VA examinations have not provided causation opinions.
- Remanded (sent back)
The Board has determined that the Veteran's service connection claim for sleep apnea (OSA) is remanded due to inadequate VA medical opinions and a need for additional information regarding the relationship between his OSA and service, as well as any toxic exposure during service.
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