The Board remands the service connection claim for obstructive sleep apnea and related conditions to correct a pre-decisional duty to assist error.
The deciding factor: Remand is necessary due to an inadequate medical opinion regarding secondary service connection theories, including aggravation by service-connected disabilities and potential Persian Gulf War-related illness.
- Claimed conditions
- Obstructive Sleep Apnea, Posttraumatic Stress Disorder (PTSD) and Major Depressive Disorder, Recurrent, with Anxious Distress, Isolated Systolic Hypertension, Lumbosacral Strain, Radiculopathy, Left Lower Extremity, Sciatic, Radiculopathy, Right Lower Extremity, Sciatic, Residual, Left Ankle Sprain, Hammertoe Syndrome with Heloma Durum, Fifth Digit, Plantar Callous Formation Below Metatarsal Heads and Ingrown Toenail, Great Toe, Right Foot, Hammertoe Syndrome with Heloma Durum, Fifth Digit, and Plantar Callous Formation Below Metatarsal Heads, Left Foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2025
- Citation
- A25022149
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (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 A25022149.
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 has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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