The Board has determined that the VA examiner's opinion in May 2020 is inadequate to adjudicate the Veteran's claim, as it did not address the Veteran's lay statements regarding his PTSD aggravating his sleep apnea symptoms and Dr. Frank's private opinion. The Board now requires a new addendum VA medical opinion to determine whether the Veteran's OSA was caused by or aggravated by his service-connected PTSD.
The deciding factor: The May 2020 VA examiner failed to address the Veteran's lay statements regarding his PTSD aggravating his sleep apnea symptoms and Dr. Frank's private opinion, which suggested a causal relationship between PTSD and OSA.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064395
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 23064395.
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 service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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