The Board remands the issues of entitlement to increased ratings for lumbosacral strain, obstructive sleep apnea, and cervical strain due to a failure by the AOJ to provide notice of the Veteran's right to a pre-decisional hearing.
The deciding factor: Remand is necessary to correct an error by the AOJ in failing to notify the Veteran of his right to a pre-decisional hearing before the VARO.
- Claimed conditions
- lumbosacral strain, obstructive sleep apnea (OSA), cervical strain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2025
- Citation
- A25021465
Veterans Law Judge
Decisions by this judge: 2,549 · Granted: 29% (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 A25021465.
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 Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
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