The Board remands the claim for service connection for obstructive sleep apnea to obtain an adequate VA medical opinion regarding the relationship between the Veteran's condition and his service, including any toxic exposure during service.
The deciding factor: Remand is required due to a pre-decisional duty to assist error in not obtaining a medical examination addressing whether the Veteran's OSA is related to an in-service TERA and whether it has been aggravated by his service-connected asthma.
- Claimed conditions
- obstructive sleep apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073761
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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