BVA Case 23-1100: Back
Real Board of Veterans' Appeals decision · August 29,2024 · MEREDITH, Judge
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
Denial Type
No Nexus|Duty To Assist|Inadequate Exam
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