The Board remands the claims for a respiratory disorder and sleep apnea to obtain new medical opinions that adequately address the Veteran's medical history, including the 1979 and 1982 diagnoses of tuberculosis.
The deciding factor: The May 2023 medical opinion was found inadequate due to misstatements regarding post-service imaging results for tuberculosis and reliance solely on the lack of documentation in service treatment records without addressing why snoring would not indicate sleep apnea in this case.
- Claimed conditions
- respiratory disorder, to include COPD and pulmonary fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2025
- Citation
- 25008967
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 remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Dismissed
The Board dismissed the Veteran's motion for revision based on clear and unmistakable error (CUE) in an April 2022 rating decision, as it was not properly raised with the AOJ first.
- Partly granted
The Board granted service connection for right lower extremity radiculopathy and panic disorder, but denied service connection for chronic fatigue syndrome (CFS) and a respiratory disorder.
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