Remanded (sent back)
The Board remands the Veteran's claim for service connection for sleep apnea to correct pre-decisional duty-to-assist errors under the provisions of 38 C.F.R. § 20.802(a).
The deciding factor: The AOJ did not obtain medical opinions addressing whether the Veteran's sleep apnea may be secondary to her service-connected spine and psychiatric disabilities, or related to in-service toxic exposure risk activities (TERAs), as required by the Federal Circuit case Spicer v. McDonough.
- Claimed conditions
- sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2025
- Citation
- A25104450
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