Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) to include as secondary to a service-connected disability, due to an inadequate VA medical opinion and a pre-decisional duty to assist error.
The deciding factor: The June 2024 VA opinion was found inadequate because it did not address aggravation and the AOJ committed a pre-decisional duty to assist error by not obtaining an opinion for direct service connection as required by the PACT Act.
- Claimed conditions
- obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2025
- Citation
- A25096444
Want to see how appeals like this one tend to go? Appeals like mine
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