Remanded (sent back)
The Board remands the claim for sleep apnea to correct pre-decisional duty to assist errors and ensure all statutory and regulatory duties are satisfied.
The deciding factor: The VA examiners failed to address secondary service connection based on aggravation, which is required under the holding of Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).
- Claimed conditions
- sleep apnea
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2025
- Citation
- A25086497
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