The Board dismissed the claim for service connection for vertigo and remanded the claim for service connection for sleep apnea due to a duty to assist error.
The deciding factor: The opinions of record are inadequate to fairly adjudicate the claim, as they do not address whether the Veteran's service-connected conditions aggravate his sleep apnea or if medications taken for those conditions cause or exacerbate it.
- Claimed conditions
- Vertigo, Dizziness, Lightheadedness, Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2025
- Citation
- A25050927
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 lumbar spine disability, as secondary to the Veteran's service-connected left foot crush injury, and sciatic radiculopathy of both lower extremities, also secondary to the newly service-connected lumbar spine disability. The Board denied an initial rating in excess of 70 percent for depressive disorder with unspecified anxiety disorder and a compensable rating for allergic rhinitis.
- Partly granted
The Board granted service connection for bilateral hearing loss and tinnitus, effective August 28, 2018, due to clear and unmistakable error in the October 2018 rating decision. Service connection was also granted for major depressive disorder (MDD) as secondary to the Veteran's service-connected bilateral hearing loss and tinnitus.
- Denied
The Board denied the Veteran's claim for a higher evaluation for service-connected vertigo, finding that the evidence did not support an evaluation in excess of 10 percent.
- Partly granted
The Board granted a 30 percent rating for vertigo and a 20 percent rating for bilateral hearing loss from August 30, 2023 to December 21, 2023, but denied a higher rating for bilateral hearing loss at any time during the appeal period.
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