The Board has decided to remand the claims for service connection for AFib, asthma, and sleep apnea due to inadequate VA examination opinions. The Veteran's disabilities are alleged to be related to his military service, but the VA examinations suggest they may be more likely related to tobacco use.
The deciding factor: The VA examinations provided were deemed inadequate as they suggested a link between the disabilities and tobacco use rather than service connection.
- Claimed conditions
- AFib, Asthma, Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2023
- Citation
- A23036692
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 A23036692.
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.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
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