The Board remands the claims for an initial disability rating in excess of 30 percent for insomnia disorder and associated anxiety, as well as a total disability rating based on individual unemployability (TDIU), due to pre-decisional failure of the duty to assist.
The deciding factor: Remand is necessary to obtain a new examination that distinguishes symptoms and effects of the Veteran's insomnia and associated anxiety from those of his service-connected OSA, cardiovascular disease, or other conditions.
- Claimed conditions
- Insomnia disorder and associated anxiety, Obstructive sleep apnea (OSA), Cardiovascular disease status post coronary artery bypass graft (CABG) with pacemaker placement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2025
- Citation
- A25022550
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.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
- Dismissed
The Board dismissed the appeal for failure to timely file a Notice of Disagreement (NOD) with the July 2024 rating decision.
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