The Board remands the Veteran's claim for service connection for obstructive sleep apnea to correct a duty to assist error related to an incorrect standard used in a private opinion and the failure to fully consider secondary service connection.
The deciding factor: The VA examiner failed to use the correct 'but for' standard, did not provide an opinion on whether obesity served as an intermediate step between insomnia and sleep apnea, and did not consider if melatonin use caused sleep apnea or if insomnia aggravated it.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2025
- Citation
- A25030185
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 granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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