The Board has determined that there was a duty to assist error prior to the issuance of the decision on appeal and has ordered remand for further development. Specifically, the AOJ is required to verify all periods of active duty, ACDUTRA, and INACDUTRA during the Veteran's National Guard service and obtain any outstanding line of duty determinations.
The deciding factor: The Board found that there was a pre-decisional duty to assist error due to incomplete verification of the Veteran's National Guard service periods and lack of line of duty determinations, which could affect the determination of whether OSA had its onset during active duty or training.
- Claimed conditions
- Obstructive Sleep Apnea Syndrome (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 18, 2024
- Citation
- A24057994
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. Read the original VA decision (opens in a new tab) using citation A24057994.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's claim for service connection for Obstructive Sleep Apnea Syndrome (OSA) as it is at least as likely as not caused or chronically worsened by his service-connected musculoskeletal disabilities.
- Remanded (sent back)
The Board has remanded the case due to new and relevant evidence submitted by the Veteran, which includes a December 2018 note from the VA sleep lab. The claim for service connection for OSA is now pending.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining updated VA treatment records and securing any relevant private treatment records. An independent medical opinion will be requested under 38 U.S.C. § 5109/38 C.F.R. § 3.328 to address whether OSA had its onset in or is otherwise related to the Veteran's active service, as well as whether it is proximately due to any of his service-connected disabilities (including PTSD, asthma, IBS, GERD, or sinusitis), and whether it has been aggravated by any of those conditions.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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