The Board remands the claims for lumbosacral strain and obstructive sleep apnea to obtain new medical opinions as the previous ones were found inadequate.
The deciding factor: The Court found that the October 2023 VA spine opinion was inadequate because it impermissibly based its negative etiological opinion on the absence of medical documentation, failed to consider lay evidence asserting continuity of symptoms since service, and overlooked reported back pain during separation examination. Similarly, the OSA opinion did not adequately address buddy statements describing gasping for air.
- Claimed conditions
- lumbosacral strain, obstructive sleep apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 2, 2025
- Citation
- 25008740
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 lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- 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.
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