The Board has remanded the case due to deficiencies in the record existing prior to the appealed decision, including inadequate VA examinations and failure to obtain a toxic exposure risk activity (TERA) opinion for sleep apnea. The Veteran's representative raised concerns about the adequacy of previous opinions and the need for additional development.
The deciding factor: The Board found that the previous denial of service connection was based on insufficient evidence, including inadequate VA examinations and failure to consider all potential toxic exposure risk activities (TERA) related to sleep apnea. The Veteran's representative also raised concerns about the adequacy of previous opinions regarding aggravation by service-connected conditions.
- Claimed conditions
- sleep apnea, coronary artery disease status post bypass graft, myocardial infarction, atrial fibrillation associated with coronary artery disease, hypothyroidism (due to herbicide exposure), adjustment disorder with anxiety
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2026
- Citation
- A26039563
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 A26039563.
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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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