The Board remanded the Veteran's claims for service connection for obstructive sleep apnea and bilateral hearing loss due to inadequate medical opinions and pre-decisional duty to assist errors. The case requires new examinations to properly evaluate the nexus between the claimed disabilities and either in-service events, VA treatment, or toxic exposure risk activities.
The deciding factor: The Board found that previously obtained medical opinions were inadequate because they relied on inaccurate factual premises regarding TERA participation and threshold shifts, provided conclusory statements without supporting analysis, and failed to properly address the statutory requirements under 38 U.S.C. § 1151 and the PACT Act.
- Claimed conditions
- obstructive sleep apnea (OSA), bilateral hearing loss
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2025
- Citation
- A25022229
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.
- 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).
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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