The Board has decided to remand the case due to insufficient nexus opinions and a failure to seek an addendum regarding the Veteran's obstructive sleep apnea. The AOJ is instructed to obtain service treatment records, specifically his separation exam, and provide an addendum from an appropriate clinician addressing whether the Veteran's obstructive sleep apnea was directly related to his service, including exposure to asbestos, and if it was caused or aggravated by his service-connected tinnitus.
The deciding factor: The Board found that the initial decision lacked sufficient nexus opinions regarding the relationship between the Veteran's obstructive sleep apnea and his service, particularly given his reported long-term symptoms since service. The AOJ is instructed to obtain additional evidence and provide an addendum addressing these issues.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2024
- Citation
- A24040833
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 A24040833.
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 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.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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