The Board remands the issue of entitlement to service connection for mixed sleep apnea due to a pre-decisional duty to assist error.
The deciding factor: The November 2023 VA medical opinion was inadequate as it failed to address the aggravation component and did not consider specific exposures identified in the ILER.
- Claimed conditions
- mixed sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- December 8, 2025
- Citation
- A25105555
Veterans Law Judge
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 A25105555.
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.
- Remanded (sent back)
The Board remands the Veteran's appeal to ensure that opinions addressing secondary service connection for mixed sleep apnea are obtained.
- Remanded (sent back)
The Veteran's mixed sleep apnea and GERD are being remanded for further evaluation due to a duty to assist error. The VA examiner is requested to provide opinions on whether the conditions are aggravated by service-connected asthma, allergic sinusitis, diabetes mellitus type 2, hypertension, or asthma.
- Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding an inadequate October 2020 VA examination. The Veteran's mixed sleep apnea is being remanded for a new VA examination and opinion.
- Remanded (sent back)
The Board has decided to remand the case due to outstanding VA and private treatment records, as well as incomplete service treatment records. The Veteran's sleep apnea condition will need further evaluation and consideration.
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