Remanded (sent back)PACT Act
The Board remanded the claim for a Toxic Exposure Risk Activity (TERA) medical opinion to determine if OSA is related to toxic exposures and for a new VA medical opinion addressing correct legal standards regarding obesity.
The deciding factor: The Board found that a TERA opinion is necessary because the record shows evidence of a current disability but does not support presumptive service connection without such an opinion.
- Claimed conditions
- obstructive sleep apnea (OSA), posttraumatic stress disorder (PTSD), lower extremity radiculopathy, flatfoot, lumbar disorders
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 30, 2025
- Citation
- A25008426
Want to see how appeals like this one tend to go? Appeals like mine
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