WHG appealed to the Court a Board of Veterans’ Appeals decision that denied service connection for obstructive sleep apnea (OSA). This claim was linked to the veteran’s service-connected generalized anxiety disorder and major depressive disorder (MDD). The Court agreed to vacate the Board’s decision, emphasizing that the Board failed to ensure the VA met its duty to assist by providing an inadequate medical opinion.
The January 2024 VA opinion claimed that the veteran’s obesity was not aggravated by his mental health conditions. The examiner stated simply (and unhelpfully) that the veteran made a conscious decision to be obese. The parties agreed, however, that this simplistic view overlooked the veteran’s documented issues with low energy and motivation, which may be linked to his mental health conditions. The examiner’s omission rendered the VA opinion insufficient, as it did not consider the veteran’s comprehensive medical history.
The remand allows the VA to obtain a more thorough medical opinion that properly evaluates how the veteran’s service-connected conditions may impact his health. This case highlights the importance of a complete assessment of veterans’ claims, ensuring they receive fair evaluations for service-related disabilities. Veterans seeking assistance with similar claims can benefit from consulting experienced legal professionals.
