Remanded (sent back)
The Board remands the claims for service connection for an eye tumor, right eye blindness, and sleep apnea due to a pre-decisional duty to assist error in the November 2023 VA medical opinions.
The deciding factor: The November 2023 VA medical opinion regarding the Veteran's eye conditions did not consider evidence of a brain tumor resection, while the opinion for sleep apnea used an unlawful 'proximate cause' standard instead of 'but-for' causation as required by Spicer v. McDonough.
- Claimed conditions
- eye tumor, right eye blindness, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 3, 2025
- Citation
- A25103765
Want to see how appeals like this one tend to go? Appeals like mine
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.