The Board remands the claims for service connection for obstructive sleep apnea and diabetes mellitus, type II to obtain a new VA examination that fully addresses the Veteran's testimony concerning his experiencing breathing difficulty symptoms while in service.
The deciding factor: The Court found fault with the previous Board decision due to reliance on an inadequate medical opinion and instructed the Board to secure a new opinion that properly applies the legal standards for evaluating secondary service connection claims.
- Claimed conditions
- obstructive sleep apnea, diabetes mellitus, type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001468
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
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