Remanded (sent back)
The Board remanded the claim for service connection of obstructive sleep apnea because the VA examiner did not consider direct service connection. The Veteran will get a new examination to determine if OSA was incurred during active service or caused by an event in active service.
The deciding factor: The Board found that the failure to obtain an opinion for direct service connection is a pre-decisional duty-to-assist error.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- January 2, 2025
- Citation
- A25000240
Want to see how appeals like this one tend to go? Appeals like mine
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