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 private 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 relevant private medical records and the need for updated VA 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.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.