The Board remands the claims for service connection due to a pre-decisional duty to assist error, as the November 2023 TERA opinions are inadequate.
The deciding factor: The VA examiners' opinions were found to be inadequate due to lack of reasoned analysis and consideration of relevant evidence.
- Claimed conditions
- prostate cancer, atherosclerotic cardiovascular disease (coronary artery disease, myocardial infarction, valvular heart disease), obstructive sleep apnea, essential hypertension, vertigo, diabetes mellitus type II, chronic kidney disease (secondary to diabetes mellitus type II), diabetic retinopathy (secondary to diabetes mellitus type II), cataracts, osteoarthritis (lower back, knees, and hands), right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049178
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- 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.
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