The Board has decided to remand the case for additional development and opinion regarding service connection for sleep apnea, including whether it is secondary to tinnitus. The Veteran's representative provided an additional private opinion in April 2023 asserting that service connection should be granted based on VAOPGCPREC No. 6-2003, which addresses whether service connection should be established for a tobacco-related disability or death on the basis that the disability or death was secondary to a service-connected mental disability that caused the veteran to use tobacco products. However, the Board finds it more appropriate to address this contention with consideration of obesity as an intermediate step.
The deciding factor: The decision is remanded due to inadequate opinions and the need for additional development regarding the Veteran's sleep apnea claim, including whether it is secondary to tinnitus and considering obesity as a potential intermediary factor in service connection.
- Claimed conditions
- sleep apnea, tinnitus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064427
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 23064427.
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.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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