The Board has decided to remand the case due to inadequate opinions regarding the relationship between the Veteran's sleep apnea and his service-connected TMJ disorder. The VA is required to obtain an addendum opinion that discusses if obesity/weight gain as a result of the Veteran's service-connected disabilities was a substantial factor in causing his OSA, and whether his OSA would not have occurred but for the obesity/weight gain caused by the service-connected disabilities.
The deciding factor: The Board found the previous opinions inadequate due to their failure to provide an adequate rationale regarding a secondary nexus between the Veteran's sleep apnea and his service-connected TMJ disorder.
- Claimed conditions
- sleep apnea (OSA), temporomandibular joint (TMJ) disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2024
- Citation
- 24008944
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 24008944.
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.
- Dismissed
The Board dismissed the appeal for service connection of somatic symptom disorder. The effective date for the grant of service connection for sleep apnea (OSA) was set at February 4, 2020, and a rating in excess of 50 percent for OSA is denied.
- Granted
The Board has determined that the Veteran's sleep apnea began during his active service and grants service connection for this condition.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for sleep apnea (OSA) and a heart condition due to new evidence being submitted. The Veteran's private medical opinions linking his conditions to service are considered insufficient, and VA examinations have not provided causation opinions.
- Remanded (sent back)
The Board has determined that the Veteran's service connection claim for sleep apnea (OSA) is remanded due to inadequate VA medical opinions and a need for additional information regarding the relationship between his OSA and service, as well as any toxic exposure during service.
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