The Board remands the claim for a new medical opinion to address the deficiencies in the previous nexus opinion regarding the Veteran's obstructive sleep apnea and its potential connection to his service, specifically considering toxic exposure during his military service.
The deciding factor: The July 2023 VA examiner's opinion was inadequate as it did not provide a rationale for why toxic exposure does not cause sleep apnea, and an addendum is needed to address this deficiency.
- Claimed conditions
- obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033461
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.
- 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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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