The Veteran's claim for service connection for COPD has been reopened and remanded.,The Veteran's claim for service connection for obstructive sleep apnea to include as secondary to a service-connected right knee disability (with intermediary obesity) has been reopened and remanded.,The Veteran's claim for service connection for an acquired psychiatric disorder, to include major depression and PTSD, as secondary to a service-connected right knee condition has been reopened and remanded.
The deciding factor: New evidence submitted by the appellant indicates that exposure to workplace irritants, including dust, fumes, and battery components are associated with COPD. The Board finds this new evidence sufficient to reopen the claim for service connection for COPD.,The post-decision treatise indicates that lack of exercise can lead to weight gain and obesity which is related to obstructive sleep apnea. The Board finds this new evidence sufficient to reopen the claim for service connection for obstructive sleep apnea.,The appellant contends that the Veteran's acquired psychiatric disorder was caused by his chronic pain from his service-connected right knee condition. The post-decision treatise indicates that chronic pain shares some biological mechanisms with anxiety and depression. The Board finds this new evidence sufficient to reopen the claim for service connection for an acquired psychiatric disorder.
- Claimed conditions
- COPD, Obstructive Sleep Apnea, Acquired Psychiatric Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001979
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 24001979.
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.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- 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.
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