The Board has remanded the case due to new and relevant evidence submitted by the Veteran, which includes a December 2018 note from the VA sleep lab. The claim for service connection for OSA is now pending.
The deciding factor: New and relevant evidence was received after the prior final denial of the claim, necessitating further review and examination to determine if there is a causal relationship between the Veteran's current OSA and his Gulf War service.
- Claimed conditions
- Obstructive Sleep Apnea Syndrome (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- December 12, 2023
- Citation
- A23035622
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 A23035622.
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 the Veteran's claim for service connection for Obstructive Sleep Apnea Syndrome (OSA) as it is at least as likely as not caused or chronically worsened by his service-connected musculoskeletal disabilities.
- Remanded (sent back)
The Board has determined that there was a duty to assist error prior to the issuance of the decision on appeal and has ordered remand for further development. Specifically, the AOJ is required to verify all periods of active duty, ACDUTRA, and INACDUTRA during the Veteran's National Guard service and obtain any outstanding line of duty determinations.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining updated VA treatment records and securing any relevant private treatment records. An independent medical opinion will be requested under 38 U.S.C. § 5109/38 C.F.R. § 3.328 to address whether OSA had its onset in or is otherwise related to the Veteran's active service, as well as whether it is proximately due to any of his service-connected disabilities (including PTSD, asthma, IBS, GERD, or sinusitis), and whether it has been aggravated by any of those conditions.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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