Remanded (sent back)PACT Act

The Board remands the claims for service connection for obstructive sleep apnea, low back disability, and associated nerve pain due to a pre-decisional error in failing to adequately address lay statements regarding the onset of symptoms.

The deciding factor: Remand is required to correct an error by the AOJ to satisfy its duty to assist the claimant under 38 U.S.C. § 5103A, as well as to provide a more adequate medical opinion addressing the Veteran's lay statements and secondary service connection theories.

Claimed conditions: Obstructive Sleep Apnea (OSA), Low Back Disability, Left Lower Extremity Nerve Pain, as secondary to a low back disability, Right Lower Extremity Nerve Pain, as secondary to a low back disability
How they argued it: Direct service connection
Exposure basis: Burn pits / airborne hazards
Rating assigned: None in this decision
Decision date: December 12, 2025
Citation: A25107715

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