Remanded (sent back)PACT Act
The Board remanded the claims for service connection of obstructive sleep apnea and ankle sprains due to errors in the duty to assist, including failure to obtain necessary medical examinations.
The deciding factor: The Board found that the AOJ erred by not obtaining required medical examinations and opinions under McLendon v. Nicholson and the PACT Act.
- Claimed conditions
- obstructive sleep apnea, right ankle sprain, left ankle sprain
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 15, 2025
- Citation
- A25003939
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