The Board remands the claims for service connection for heat exhaustion, a lumbar spine condition, obstructive sleep apnea, an acquired psychiatric disorder, and opiate addiction to correct pre-decisional duty to assist errors by affording the Veteran examinations and medical opinions.
The deciding factor: Satisfying the McLendon elements is a low threshold, as there are indications that current disabilities may be related to service but insufficient evidence exists for a decision on the merits.
- Claimed conditions
- heat exhaustion, lumbar spine condition, obstructive sleep apnea, acquired psychiatric disorder, to include anxiety and obsessive-compulsive disorder (OCD), opiate addiction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066659
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
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