The Veteran's sleep apnea is being remanded due to the need for an adequate examination addressing whether his obesity, which may be caused or aggravated by his service-connected major depressive disorder and/or obesity, has contributed to his current condition. The Board will consider this theory of entitlement in its decision.
The deciding factor: The Court found that the Board erred in denying service connection for sleep apnea on a theory of obesity as an intermediate step without considering whether the Veteran's service-connected psychiatric disability impaired his ability to exercise.
- Claimed conditions
- obesity, major depressive disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2024
- Citation
- A24059982
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 A24059982.
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 Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- 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.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
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