BVA Case 23-1100: Back

Real Board of Veterans' Appeals decision · August 29,2024 · MEREDITH, Judge

Outcome
Vacated / Remanded
Decision Date
August 29,2024
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

BackSleep_ApneaHeartDiabetesRadiculopathy

Issues on Appeal

Service ConnectionSleep Apnea

Why It Was Decided This Way

at 703-04 (determining that a May 2021 VA medical opinion did not comply with the prior remand in part because the examiner did not address the appellant's weight changes);R.

at 1012-13 (finding that a 2020 examiner did not address the seminal questions required in a case where obesity is argued as an intermediate step, did not provide sufficient rationale as to the aggravation prong of secondary service connection, and appear[s]to have .

at 1909 (finding that the May 2013 examiner did not address whether diabetes aggravated OSA or whether OSA was secondary to CAD).

In the November 2022 decision on appeal,the Board denied disability compensation for OSA,including as secondary to service-connected diabetes or CAD and including as secondary to obesity caused by diabetes or CAD.

t discuss facts particular to his case in finding that OSA was not secondary to diabetes or CAD,and did not address whether diabetes or CAD aggravated his OSA.

He further argues that the September 2022 VA opinion does not comply with the Board's remand directives and that the Board erred in relying on VA examination reports that the Board previously found inadequate.

Finally,he avers that the Board failed to discuss evidence relevant to whether service connection was warranted based on obesity as an intermediate step between service-connected diabetes or CAD and OSA.

For his part,the Secretary concedes that remand is required because the September 2022 VA medical opinion was inadequate and because the Board did not provide sufficient reasons or bases for concluding that the examination report complied with the Board's June 2022 remand.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonDavidson v. ShinsekiDyment v. PrincipiEvans v. ShinsekiEvans v. WestFletcher v. DerwinskiGarner v. TranGilbert v. DerwinskiGill v. McKutscherousky v. WestMartin v. Occupational Safety Health RevMonzingo v. ShinsekiQuirin v. ShinsekiRusso v. BrownSee Allen v. BrownSee Dyment v. WestSee Frankel v. DerwinskiSee Gill v. ShinsekiSee Kay v. PrincipiSee Tucker v. WestShedden v. PrincipiStefl v. NicholsonStegall v. WestWalsh v. Wilkie

Denial Type

No Nexus|Duty To Assist|Inadequate Exam

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →