The Board has determined that the VA examination conducted in October 2020 and November 2021 was inadequate as it did not address whether the Veteran's obstructive sleep apnea is aggravated by his service-connected disabilities. The case is therefore being remanded for a new examination to determine if the Veteran's obstructive sleep apnea is caused or aggravated by any of his service-connected conditions, including depression, low back impairment, bilateral knee impairments, bilateral hip impairments, anemia, scaring, and ankle impairments.
The deciding factor: The VA examinations did not address whether the Veteran's obstructive sleep apnea is aggravated by his service-connected disabilities, which is required for secondary service connection.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 16, 2024
- Citation
- A24056709
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 A24056709.
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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