The Board remands the claims for service connection for obstructive sleep apnea as secondary to service-connected bilateral hearing loss or tinnitus and based on toxic exposure risk activity (TERA) due to pre-decisional errors by the AOJ.
The deciding factor: The AOJ relied upon an inadequate VA examination in relation to the Veteran's service connection claim for OSA as secondary to service-connected bilateral hearing loss, failed to identify and develop the Veteran's secondary service-connection claim reasonably raised by the record, and committed a pre-decisional error when it failed to obtain a TERA examination on whether the Veteran's OSA is causally connected to in-service asbestos exposure.
- 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 8, 2025
- Citation
- A25032242
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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