The Veteran's claims for service connection for obstructive sleep apnea and tinnitus are being remanded due to the need for additional medical opinions regarding their relationship to toxic exposure during his Southwest Asia service.,VA will provide a new opinion on whether there is at least as likely as not that the Veteran's obstructive sleep apnea and tinnitus are related to his participation in toxic exposure risk activities during his service.
The deciding factor: The PACT Act requires VA to provide medical opinions regarding the relationship between toxic exposure risk activities and disabilities when such evidence is insufficient for a service connection determination. The Veteran's claims fall under this requirement due to his Southwest Asia service and participation in toxic exposure risk activities.
- Claimed conditions
- obstructive sleep apnea, tinnitus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 3, 2023
- Citation
- 23054769
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 23054769.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- 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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
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