The Board remands the claim for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) to include chronic obstructive pulmonary disease (COPD), as a pre-decisional duty to assist error was found regarding the Veteran's COPD, and he needs an appropriate VA examination.
The deciding factor: The Board finds that the AOJ's failure to afford the Veteran an appropriate VA examination constitutes a pre-decisional duty to assist error, necessitating a remand for an updated examination.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Obstructive Sleep Apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2025
- Citation
- A25109865
Veterans Law Judge
Decisions by this judge: 868 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
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 A25109865.
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 has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's lay statements and medical records are considered in determining whether there is a nexus between current symptoms and service.
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