The Board has granted the Veteran's application to readjudicate his claim for service connection for Obstructive Sleep Apnea. However, the AOJ did not address the merits of the claim and declined to readjudicate it on the basis that new and relevant evidence had not been received. The issue of entitlement to an increased rating for a neck disability is also remanded due to procedural errors.
The deciding factor: The Board found that there was new and relevant evidence regarding service connection for Obstructive Sleep Apnea, but did not address its merits as the AOJ declined to do so. For the increased rating claim, the Board found that the AOJ's issuance of the rating reduction prior to resolving a pending predetermination hearing request constituted error.
- Claimed conditions
- Obstructive Sleep Apnea, Recurrent cervicalgia with trapezius strain and spasms
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2026
- Citation
- A26016411
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 A26016411.
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.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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