The Veteran's claims for service connection for obstructive sleep apnea and headaches are being remanded due to a duty-to-assist error. Another VA examination is needed to determine the nature and etiology of these disabilities, including whether they are related to Camp Lejeune exposure or secondary to his service-connected conditions.
The deciding factor: The decision was remanded due to a pre-decisional duty-to-assist error that requires another VA examination for an opinion on the relationship between the Veteran's current sleep apnea and headaches disabilities and his in-service Camp Lejeune exposure, as well as whether they are related to any service-connected conditions.
- Claimed conditions
- Obstructive sleep apnea, Headaches
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- January 9, 2026
- Citation
- A26002511
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 A26002511.
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 for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
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