The Board remands the claim for a VA examination to clarify whether the Veteran requires the use of a breathing assistance device such as CPAP machine.
The deciding factor: The October 2020 and September 2021 VA examinations and opinions were found inadequate because they did not clarify whether the Veteran requires the use of a breathing assistance device, and failed to consider relevant medical records.
- Claimed conditions
- obstructive sleep apnea with restrictive airway disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070595
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.
- Remanded (sent back)
The Board remands the matter to obtain a VA opinion to determine which disability, obstructive sleep apnea or restrictive airway disease, was predominant from November 8, 2012 to May 22, 2022.
- Denied
The Board denied an earlier effective date for the grant of service connection for obstructive sleep apnea with restrictive airway disease, as it was granted under the PACT Act and thus is entitled to an August 10, 2022 effective date.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.