The Board has determined that a remand is necessary to correct pre-decisional duty to assist errors and to satisfy statutory duties, including providing the Veteran with an appropriate VA examination to determine the nature and etiology of his claimed obstructive sleep apnea.
The deciding factor: The Board found that the evidence was sufficient to support a possible nexus between the Veteran's current symptoms and service, but no VA examiner had provided an opinion regarding whether the Veteran's current symptoms constitute obstructive sleep apnea or are related to service. Additionally, the PACT Act requires a VA examination and TERA opinion where the Veteran's file reflects evidence of a disability and participation in a TERA.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 27, 2024
- Citation
- A24078718
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 A24078718.
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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