The Board remands the claim for service connection for obstructive sleep apnea to correct a pre-decisional duty to assist error by obtaining a VA examination.
The deciding factor: A VA examination is required as there is sufficient evidence of a diagnosed disability and an in-service event, but it has not been determined whether the disability is related to service or another service-connected disability.
- Claimed conditions
- obstructive sleep apnea (sleep apnea)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072548
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 issue of service connection for sleep apnea to ensure a complete record and due process, specifically requesting an examination that considers all applicable military deployments and TERAs.
- Granted
The Board granted service connection for obstructive sleep apnea, finding that the evidence was at least evenly balanced as to whether the Veteran's current sleep apnea had its onset in service.
- Dismissed
The appeal for service connection for sleep apnea was dismissed due to a concurrent election of review options.
- Dismissed
The appeal was withdrawn by the Veteran and their representative, resulting in the dismissal of all issues.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.