The Board remands the case to secure a VA medical opinion that addresses whether the Veteran's sleep apnea is secondary to his service-connected disabilities, including degenerative disc disease and intervertebral disc syndrome of the lumbar spine, status post laminotomy and partial diskectomy; left shoulder, status post total shoulder arthroplasty; right shoulder tendonitis; radiculopathy of the left lower extremity; right lower extremity radiculopathy; left foot first and second toe numbness, status post benign peripheral nerve sheath tumor removal; and/or bipolar disorder with mixed features and ADHD in near total remission.
The deciding factor: The Board finds that the evidence suggests that the Veteran's obstructive sleep apnea may be associated with his psychiatric disability, to include medication used to treat the disability; and the examiner's rationale also raises the theory that the Veteran's obesity was an intermediate step between his obstructive sleep apnea and the service-connected musculoskeletal, peripheral nerve, and psychiatric disabilities identified above.
- Claimed conditions
- sleep apnea, bipolar disorder with mixed features, ADHD in near total remission, degenerative disc disease and intervertebral disc syndrome of the lumbar spine, status post laminotomy and partial diskectomy, left shoulder, status post total shoulder arthroplasty, right shoulder tendonitis, radiculopathy of the left lower extremity, right lower extremity radiculopathy, left foot first and second toe numbness, status post benign peripheral nerve sheath tumor removal
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2025
- Citation
- 25002287
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (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 25002287.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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