The Board remands the claims for service connection for obstructive sleep apnea and diabetes mellitus, type II, to obtain an opinion that considers whether the Veteran's service-connected psychiatric and/or back disabilities caused or aggravated his obesity, and if so, whether such resulting obesity was a substantial factor in causing or aggravating his OSA and/or diabetes mellitus, type II.
The deciding factor: The Board failed to address an alternative theory of entitlement for obstructive sleep apnea that was reasonably raised by the record - specifically, obesity as an intermediate step between his service-connected psychiatric disability and his claimed OSA. Additionally, the Board's denial of service connection for diabetes mellitus, type II, relied on a VA opinion based on an inaccurate factual history.
- Claimed conditions
- obstructive sleep apnea (OSA), diabetes mellitus, type II
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2025
- Citation
- 25005494
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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