In a significant victory, the Court of Appeals for Veterans Claims remanded a decision involving our client’s respiratory condition claim. The Board of Veterans’ Appeals had dismissed this claim without addressing an essential issue: our client’s claim for obstructive sleep apnea. This oversight denied our client fair consideration for benefits tied to this sleep condition.

The law requires the Board to provide a clear, thorough explanation for each decision, covering all significant facts and legal issues. However, the Board dismissed our client’s respiratory claim based solely on a 2021 award for bronchiolitis obliterans. It failed to address whether our client’s obstructive sleep apnea should have been included under the broader respiratory condition claim. This omission violates the VA’s duty to fully explore and understand each veteran’s claim.

We argued that obstructive sleep apnea should have been evaluated within the respiratory condition claim. This claim received specific attention in our April 2024 submission, where we argued for this inclusion. The Board, however, dismissed the respiratory claim, failing to acknowledge or address our argument. Established case law prohibits the Board from ignoring issues raised by counsel.

The Court’s ruling sends the case back to the Board, mandating a thorough review and a detailed explanation. This remand paves the way for a fair evaluation of our client’s sleep apnea claim, reinforcing veterans’ rights to comprehensive, just consideration of their claims.