The Board has remanded the claims for service connection due to duty-to-assist errors, including obtaining missing service personnel records and VA treatment records. The Veteran's acquired psychiatric disability and OSA are being reviewed again with new medical opinions provided.
The deciding factor: The Board found that there were duty-to-assist errors in obtaining relevant medical records and SPRs, which could impact the determination of service connection for the Veteran's claimed conditions.
- Claimed conditions
- Acquired psychiatric disability, Obstructive Sleep Apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2023
- Citation
- A23032888
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 A23032888.
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 Veteran's appeal regarding attorney fees for past-due benefits awarded in a June 2021 rating decision is dismissed as moot due to the waiver of rights by R.V.C.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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