Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea to correct pre-decisional duty-to-assist errors and obtain adequate medical opinions.
The deciding factor: The examiner's opinion was found inadequate due to an inaccurate factual premise regarding the Veteran's BMI, which is below the threshold for obesity. The Board also noted that no presumptive service connection can be granted for obstructive sleep apnea based on Southwest Asia exposure.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 29, 2025
- Citation
- A25094132
Want to see how appeals like this one tend to go? Appeals like mine
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