The Board has determined that there was a duty to assist error prior to the February 2020 decision on appeal and remands the case for further development, including obtaining a VA examination.
The deciding factor: There is an indication of a current disability or persistent symptoms related to service in Southwest Asia, triggering VA's duty to obtain a medical opinion/examination.
- Claimed conditions
- sleep apnea disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 10, 2023
- Citation
- A23027924
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 A23027924.
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.
- Partly granted
The Board granted service connection for lumbar strain and tinnitus disabilities, dismissed the appeal for depression, and denied the claim for a left eye condition. The Board also granted service connection for sleep apnea.
- Denied
The Board denied service connection for various disabilities, including cervical spine, back, shoulder, elbow, wrist, vertigo, and hypothyroidism, as there was no evidence of an in-service event, injury, illness, or disease related to these disabilities. The claim for a sleep apnea disability was also denied due to the lack of a current diagnosis.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a current disability. The claim for service connection for a psychiatric disability was remanded for further development.
- Partly granted
The Board denied service connection for right foot, left foot, and sleep apnea disabilities due to lack of current diagnoses. The claims for carotid artery blockage, residuals of lung cancer, residuals of neck cancer, and acquired psychiatric disability were remanded for further action.
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