The Veteran's OSA and RAD are granted with a 50% rating beginning December 31, 2016. The RO must obtain the complete sleep study reports from Professional Sleep Diagnostics and/or Dr. Porterfield dated December 2015 and March 2016 to determine when the Veteran required use of a breathing assistance device for OSA.
The deciding factor: The evidence is in relative equipoise as to whether the Veteran's OSA required the use of a BiPAP machine since at least December 31, 2016. The RO must obtain the complete sleep study reports and clarify when systemic therapy (5-FU medication) was used for facial warts.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Reactive Airway Disease (RAD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 24, 2024
- Citation
- A24040460
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 A24040460.
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.
- Remanded (sent back)
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 remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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