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
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 Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.