The Board remands the claim for service connection for sleep apnea (OSA) to correct a duty to assist error, including obtaining an ILER and a medical opinion addressing the etiology of the Veteran's OSA.
The deciding factor: Remand is necessary due to a duty to assist error that occurred prior to the rating decision on appeal, specifically regarding the lack of an ILER entry and an inadequate medical opinion.
- Claimed conditions
- sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 13, 2025
- Citation
- A25023740
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (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 A25023740.
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.
- Dismissed
The Board dismissed the appeal for service connection of somatic symptom disorder. The effective date for the grant of service connection for sleep apnea (OSA) was set at February 4, 2020, and a rating in excess of 50 percent for OSA is denied.
- Granted
The Board has determined that the Veteran's sleep apnea began during his active service and grants service connection for this condition.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for sleep apnea (OSA) and a heart condition due to new evidence being submitted. The Veteran's private medical opinions linking his conditions to service are considered insufficient, and VA examinations have not provided causation opinions.
- Remanded (sent back)
The Board has determined that the Veteran's service connection claim for sleep apnea (OSA) is remanded due to inadequate VA medical opinions and a need for additional information regarding the relationship between his OSA and service, as well as any toxic exposure during service.
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