The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding an inadequate October 2020 VA examination. The Veteran's mixed sleep apnea is being remanded for a new VA examination and opinion.
The deciding factor: There was a pre-decisional duty to assist error because the AOJ relied on an inaccurate October 2020 VA examination in denying the claim.
- Claimed conditions
- mixed sleep apnea, somatic symptom disorder, persistent, with depressive/anxious features
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2024
- Citation
- A24025010
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 A24025010.
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for mixed sleep apnea due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the Veteran's appeal to ensure that opinions addressing secondary service connection for mixed sleep apnea are obtained.
- Remanded (sent back)
The Veteran's mixed sleep apnea and GERD are being remanded for further evaluation due to a duty to assist error. The VA examiner is requested to provide opinions on whether the conditions are aggravated by service-connected asthma, allergic sinusitis, diabetes mellitus type 2, hypertension, or asthma.
- Remanded (sent back)
The Board has decided to remand the case due to outstanding VA and private treatment records, as well as incomplete service treatment records. The Veteran's sleep apnea condition will need further evaluation and consideration.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.