The Veteran's appeal for service connection for obstructive sleep apnea is remanded due to errors in the duty to assist and incomplete evidence. The RO must obtain an Individual Longitudinal Exposure Record, full results of a June 2007 chest x-ray, a VA respiratory examination, and an addendum medical opinion regarding his toxic exposure risk activities.
The deciding factor: The Board found that the RO's failure to ascertain the nature and current severity of the Veteran's service-connected COPD and obtain an opinion addressing the impact of his toxic exposure risk activities (TERAs) on his obstructive sleep apnea constituted a pre-decisional duty to assist error.
- Claimed conditions
- obstructive sleep apnea, COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2024
- Citation
- A24031140
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 A24031140.
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 obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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