The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. Service connection is granted for OSA, but denied for a neck condition. The Veteran's PTSD is associated with his sleep apnea, which in turn may be related to obesity. The case is remanded for further development including obtaining an opinion on whether obesity is causally related to or aggravated by the service-connected conditions and for a VA examination to assess the current severity of the PTSD.
The deciding factor: The new evidence includes statements from the Veteran indicating his weight gain due to PTSD, as well as medical opinions linking PTSD to OSA. The Board finds that this evidence is sufficient to reopen the claim but not enough to grant service connection for a back disability without further examination and opinion regarding obesity's role.
- Claimed conditions
- Back 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
- October 19, 2023
- Citation
- 23057082
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 23057082.
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 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.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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