The Board has decided to remand the Veteran's claim of entitlement to service connection for obstructive sleep apnea (OSA), including as secondary to his service-connected rhinitis, chronic bronchitis, tinnitus, and sinus condition. The decision is based on pre-decisional duty to assist errors related to obtaining medical records from Dr. Donn Dexter and the need for new VA opinions addressing the nature and etiology of the Veteran's OSA.
The deciding factor: The Board found that there were pre-decisional duty to assist errors, specifically regarding the lack of consideration of private medical records and the need for additional medical opinions on the nature and etiology of the Veteran's obstructive sleep apnea (OSA).
- Claimed conditions
- obstructive sleep apnea, rhinitis, chronic bronchitis, tinnitus, sinus condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 10, 2024
- Citation
- A24081968
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 A24081968.
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 Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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