The Board remands the claim for service connection of obstructive sleep apnea to correct a pre-decisional duty to assist error, as the previous VA examination was found inadequate.
The deciding factor: The December 2023 VA examiner's opinion was deemed inadequate due to lack of analysis and failure to address relevant evidence regarding direct service connection and aggravation by the Veteran's service-connected acquired psychiatric disorder.
- Claimed conditions
- Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2025
- Citation
- A25031228
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 Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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