The Board has remanded the Veteran's claims for obstructive sleep apnea, left hip pain, and right foot pain due to potential errors in pre-decisional duty to assist. The Veteran is presumed sound at the time of her entrance into active service, so any pre-existing conditions must be disregarded. An addendum opinion is needed regarding whether these conditions are related to service or service-connected conditions.
The deciding factor: The Board found that the evidence did not show a pre-existing sleep apnea and remanded for an addendum opinion on direct and secondary service connection. The left hip pain and right foot pain claims also need further examination and opinions due to potential errors in duty to assist.
- Claimed conditions
- obstructive sleep apnea (sleep apnea), left hip pain, right foot pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2026
- Citation
- A26031433
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 A26031433.
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.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Granted
The Veteran's claim for service connection for migraine headaches, as secondary to tinnitus, is granted. The claims for service connection for hearing loss disability and a disability manifested by shortness of breath other than chronic sinusitis and allergic rhinitis are denied. The claims for service connection for an intestinal disability (diverticulitis), fatigue, hypertension, neck disability, right upper extremity radiculopathy, left upper extremity radiculopathy, right shoulder disability, left shoulder disability, upper and lower back disability, right lower extremity radiculopathy, left lower extremity radiculopathy, right hip disability, left hip disability, right foot pain, left foot pain, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder are all denied.
- Dismissed
The Board has dismissed the appeals for service connection for compressed discs of the low back, left hip pain, and right hip pain due to procedural defects in filing a timely Notice of Disagreement (NOD).
- Dismissed
The Board has dismissed the appeal for issues of service connection for left foot pain, skin condition, fibromyalgia, GERD, left knee strain, right knee strain, bilateral hearing loss, obstructive sleep apnea, right ankle condition, and right shoulder condition due to untimely filing.
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