The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected disabilities, with obesity as an intermediate step. The VA needs to obtain a new opinion from a qualified sleep specialist addressing both proximate causation and aggravation by hypertension and PTSD.
The deciding factor: The Board found that the previous medical opinions were insufficient in addressing whether the Veteran's OSA is caused or aggravated by his service-connected disabilities, specifically hypertension and PTSD, with obesity as an intermediate step.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Obesity, PTSD, Diabetic Peripheral Neuropathy of the Bilateral Upper and Lower Extremities, Hypertension, Bilateral Snowflake Types of Cortical Cataracts, Erectile Dysfunction, Dermatophytosis (Fungal Infection) of the Toenails, Bilateral Hearing Loss, Tinnitus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24003068
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
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 24003068.
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 of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
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