The Board remands the claim for service connection of obstructive sleep apnea to ensure compliance with a pre-decisional duty to assist error and to develop the claim in accordance with the provisions of the PACT Act regarding toxic exposure risk activities.
The deciding factor: The July 2019 and October 2020 etiology opinions are inadequate as they do not address direct service connection or the Veteran's contention as to nightmares and sleep disturbances, which could be a basis for an aggravation theory of entitlement.
- Claimed conditions
- Obstructive Sleep Apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038360
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25038360.
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.
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The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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