The Board has decided to remand the case due to a need for additional medical opinions regarding whether service-connected disabilities caused or aggravated obesity, and if so, whether obesity was a substantial factor in causing OSA.
The deciding factor: The failure to obtain an adequate VA medical opinion addressing whether obesity caused by service-connected disabilities led to the development of OSA is considered a pre-decisional duty to assist error that must be corrected on remand.
- Claimed conditions
- obesity, left ankle fracture, left hip disabilities, degenerative disc disease, right knee ACL tear, bilateral lower extremity radiculopathy, type II diabetes
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2024
- Citation
- A24041389
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 A24041389.
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.
- Granted
The Veteran's diabetes mellitus, type II, is granted on a secondary basis with obesity serving as an intermediate step due to service-connected low back disability, sciatica, and right shoulder disabilities.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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