The Board remands the claims for service connection for a sleep disorder, to include obstructive sleep apnea and atrial fibrillation due to a duty to assist error.
The deciding factor: The VA examiner must use the but-for causation standard consistent with the holding in Spicer v. McDonough, 61 F.4th 1360 (2023), for the opinion on secondary service connection.
- Claimed conditions
- atrial fibrillation, sleep disorder, to include obstructive sleep apnea
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2025
- Citation
- A25102645
Veterans Law Judge
Decisions by this judge: 734 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25102645.
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 has granted service connection for atrial fibrillation and distressed heart (previously claimed as irregular heartbeat) based on evidence of a link to the Veteran's military service.
- Denied
The Board has denied the Veteran's claims for service connection for right groin pain, hypertension, atrial fibrillation, cardiac arrest residuals, left kidney disease, stroke residuals, vertigo, and vision loss. The evidence does not support a finding that any of these conditions were incurred in or are otherwise related to service.,The Board found no credible evidence showing the Veteran experienced any of these conditions during his active duty service.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the claims of service connection for bilateral dry eye disorder, atrial fibrillation (including as secondary to hypertension), left eye disorder other than dry eye including amaurosis fugax, and right foot or ankle disorder (including as secondary to left foot and/or left ankle disability). The appeals are remanded due to insufficient evidence in the current record.
- Granted
The Board has determined that the Veteran's atrial fibrillation is at least as likely as not related to his active-duty service and grants service connection for this condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.