The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and low back disability due to insufficient medical opinions regarding the onset of these conditions during or related to his military service. The VA must notify the Veteran about unsuccessful attempts to obtain a copy of his separation examination report, and seek an addendum opinion on the etiology of his low back condition and scoliosis, as well as his obstructive sleep apnea.
The deciding factor: The Board found that the medical opinions were inadequate due to presumptions not supported by evidence and failed to consider the Veteran's lay statements about in-service symptoms and the effects of deep-sea diving on his health.
- Claimed conditions
- Obstructive Sleep Apnea, Low Back Disability (including Scoliosis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2023
- Citation
- 23008064
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 23008064.
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.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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