The Board has determined that there was a duty to assist error in failing to obtain an adequate opinion regarding the relationship between the Veteran's OSA and his military service, specifically hazardous environmental exposures during the Gulf War. The case is being remanded for further review.
The deciding factor: The VA examiner needs to provide opinions on whether the etiology and pathophysiology of the Veteran's OSA are fully understood and if it is at least as likely as not related to his military service, including exposure to environmental hazards during the Gulf War.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- August 23, 2024
- Citation
- A24049610
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 A24049610.
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 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.
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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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