The Board has determined that there was a predecisional duty to assist error and remands the case for an addendum opinion regarding the nature and etiology of the Veteran's obstructive sleep apnea, specifically addressing whether his service-connected PTSD caused or aggravated obesity, which may be an intermediate step in a secondary service-connection analysis.
The deciding factor: The Board found that the September 2024 VA medical opinion was inadequate as it did not adequately address the theory of secondary service connection to include aggravation by his service connected condition with obesity as an intermediate step.
- Claimed conditions
- obstructive sleep apnea, PTSD with bipolar II disorder, alcohol use disorder, cannabis use disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2026
- Citation
- A26023946
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 A26023946.
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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