The Board has remanded the case for further development, including an examination to determine if the Veteran's service-connected depressive disorder and other conditions caused or aggravated his obesity, which in turn may have contributed to his OSA.
The deciding factor: The examiner is required to provide a comprehensive opinion on whether the Veteran's service-connected disabilities caused or aggravated his obesity, and whether this obesity was a substantial factor in causing or aggravating his OSA.
- Claimed conditions
- Obstructive Sleep Apnea, Depressive Disorder due to Chronic Pain, with Major Depressive Like Episodes, Lumbar Spine Degenerative Joint Disease, Bilateral Pes Planus, Status Postoperative Left Lower Tendon Transplant for Subtalar Collapsing, Left Lower Extremity Radiculopathy (Sciatic Nerve) Associated with Lumbar Spine Degenerative Joint Disease, Right Lower Extremity Radiculopathy (Sciatic Nerve) Associated with Lumbar Spinal Degenerative Joint Disease, Gastroesophageal Reflux Disease with History of Peptic Ulcer, Scar, Left Lower Extremity, associated with Status Postoperative Left Lower Tendon Transplant for Subtalar Collapsing
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074700
Veterans Law Judge
Decisions by this judge: 575 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
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 A24074700.
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 has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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