The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's OSA is secondary to his service-connected Adjustment Disorder with Mixed Anxiety and Depressed Mood. The VA needs to provide a new opinion addressing causation and aggravation.
The deciding factor: The VA failed to fulfill its duty to assist in providing an adequate opinion on the relationship between the Veteran's OSA and his service-connected condition.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Adjustment Disorder with Mixed Anxiety and Depressed Mood
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 18, 2024
- Citation
- A24039212
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 A24039212.
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.
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The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
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The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
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The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions in the current file, and thus the Veteran's claim for service connection for an acquired psychiatric disability will be reconsidered with new evidence.
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