The Board has remanded the case due to insufficient evidence to decide whether the appellant's sleep disorder, including OSA, is related to his military service or specifically to his service-connected PTSD. The appellant was exposed to burn pits during his deployments and may be considered a Persian Gulf Veteran under the PACT Act.
The deciding factor: The appellant has not been provided with a VA examination to determine the nature and etiology of his sleep disorder, including OSA, which is necessary due to his exposure to burn pits in Southwest Asia.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Sleep Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004044
Veterans Law Judge
Decisions by this judge: 785 · 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 24004044.
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.
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
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The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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