G.M. vs. Denis McDonough

In a recent victory, we convinced VA’s attorneys that the appropriate action was to vacate and remand a case involving a veteran’s obstructive sleep apnea claim. They agreed that the Board of Veterans’ Appeals failed to follow previous remand instructions.

The veteran’s claim stems from a November 2006 sleep study, where a diagnosis of obstructive sleep apnea was noted. However, the Board denied the claim based on an April 2021 VA examiner’s report, which failed to address crucial in-service medical evidence. The Court had previously ordered the Board to reconcile the VA examiner’s findings with in-service records, particularly a December 2006 notation.

The Board, in its August 2023 decision, ignored the Court’s remand and failed to properly address whether the examiner understood the December 2006 entry. The Board incorrectly relied on the examiner’s possession of the records, without verifying if the examiner had considered the important evidence. This oversight led the Court to remand the case again, emphasizing that the Board must comply with remand orders and fully address all relevant medical evidence.

This case highlights the importance of ensuring that the VA complies with Court remand instructions and reviews all evidence thoroughly. Veterans should remain vigilant and ensure that all facts are considered in their disability claims.