The Board has remanded the claim of service connection for sleep apnea due to burn pit exposure during active duty in Iraq. The Veteran's military records indicate he served in Southwest Asia, which is presumed to include exposure to toxic substances like burn pits. The March 2019 VA examination found no direct link between the Veteran's sleep apnea and his service, but noted a high risk for developing obstructive sleep apnea due to obesity caused by his bilateral knee disabilities. The Board finds this opinion inadequate and requires another VA examination to address all pertinent questions related to the Veteran's theory of entitlement.
The deciding factor: The March 2019 VA examination failed to adequately explain why the Veteran had a high risk for developing sleep apnea, nor did it consider whether obesity is an intermediary step between his service-connected disabilities and the claimed condition. The Board requires another opinion that addresses these issues.
- Claimed conditions
- sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- April 17, 2024
- Citation
- A24019382
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 A24019382.
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 claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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