The Board remands the claims for service connection for OSA and a breathing disability, to include pulmonary fibrosis and chronic COPD, due to insufficient evidence regarding the Veteran's exposure to herbicide agents.
The deciding factor: A duty to assist error occurred as VA has not made sufficient efforts to obtain treatment records from River City Neurology, which may be relevant to the Veteran's claim for entitlement to service connection for OSA. Additionally, a new VA examination is needed to address the specific facts of the Veteran's case regarding his breathing disability.
- Claimed conditions
- pulmonary fibrosis, chronic obstructive pulmonary disease (COPD), obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 31, 2025
- Citation
- A25029458
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.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
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