The Board has determined that there was a pre-decisional error in the June 2020 rating decision regarding the service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disability of residual temporomandibular articulation with degenerative arthritis status post multiple reconstructive surgeries of the temporal mandibular joint. The case is being remanded to obtain a new nexus opinion from an appropriately situated VA clinician that addresses whether the sleep apnea condition was caused or aggravated by the Veteran's service-connected disabilities, including his temporomandibular joint condition.
The deciding factor: The Board found pre-decisional error in the June 2020 rating decision regarding the service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disability of residual temporomandibular articulation with degenerative arthritis status post multiple reconstructive surgeries of the temporal mandibular joint.
- Claimed conditions
- obstructive sleep apnea, residual temporomandibular articulation with degenerative arthritis status post multiple reconstructive surgeries of the temporal mandibular joint
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2026
- Citation
- A26008528
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 A26008528.
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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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