The Board has remanded the case due to errors in duty to assist and a need for another VA medical opinion. The Veteran's obstructive sleep apnea is being considered based on his service-connected TBI, but the examiner must also consider his total potential exposure through all applicable military deployments and the synergistic effect of all TERAs.
The deciding factor: The Board found that the May 2020 VA medical opinion did not apply the correct standard of proof for claims based on secondary service connection theory of entitlement as it opined that the Veteran's obstructive sleep apnea was not 'proximately due' to his service-connected TBI.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072389
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 A24072389.
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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