The Veteran's obstructive sleep apnea was not manifest in service and is unrelated to service.,The probative evidence of record does not support a finding that the Veteran's allergic rhinitis began during active service or is otherwise related to an in-service injury or disease.,There is no evidence to support a diagnosis of asthma or any chronic upper respiratory disability at any time during or approximate to the pendency of the claims.
The deciding factor: The Board found the unfavorable medical opinion provided by the VA examiner regarding the etiology of the Veteran's obstructive sleep apnea to be most probative, and concluded that the weight of the competent and credible evidence does not demonstrate that the Veteran's Obstructive Sleep Apnea was incurred or related to service.,The March 2023 VA examiner opined that it was less likely than not that the Veteran's allergic rhinitis was related to service due to a lack of continuity of care, and because there is no evidence of continuous treatment for this condition since service. The examiner also noted that recent allergen exposure is more likely the cause of the current symptoms.,The March 2023 VA examiner determined that the Veteran's abnormal findings on the Pulmonary Function Test are likely extrapulmonary, and did not support a diagnosis of asthma or any chronic upper respiratory disability.
- Claimed conditions
- obstructive sleep apnea, allergic rhinitis, asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2023
- Citation
- 23044747
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 23044747.
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 the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
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