The Board remands the claim for a sleep disorder, including OSA, to include as secondary to PTSD, for further development and an examination.
The deciding factor: A VA examination is necessary due to insufficient evidence linking the appellant's sleep disorder to his service or service-connected PTSD, and he has participated in a Toxic Exposure Risk Activity (TERA) under the PACT Act.
- Claimed conditions
- sleep disorder, including obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- 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.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Remanded (sent back)
The Board remands the issues of service connection for a sleep disorder and entitlement to a rating in excess of 30 percent for chronic obstipation (constipation) for further development.
- Denied
The Board denied service connection for an acquired psychiatric disorder, a sleep disorder, and hypertension. The claim for a rating in excess of 50 percent for bilateral hearing loss was remanded.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.