The Board remands the matters of entitlement to a disability rating in excess of 50 percent for a respiratory disability and entitlement to a TDIU due to the Veteran's challenge regarding the competency of the VA examiner.
The deciding factor: Remand is necessary to provide the Veteran with the requested educational and professional background information of the March 2024 VA examiner as mandated by Francway v. Wilkie, 940 F.3d 1304 (Fed. Cir. 2019).
- Claimed conditions
- obstructive sleep apnea, asbestosis, chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- 25007526
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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