Remanded (sent back)
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
- sleep disorder, to include obstructive sleep apnea, atrial fibrillation
- 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
Want to see how appeals like this one tend to go? Appeals like mine
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