The Board has remanded the case due to recent court decisions and new evidence received, requiring further review by the RO.
The deciding factor: Recent court decisions invalidated regulations allowing the Board to consider additional evidence without remanding back to the RO for initial consideration. New evidence was submitted which is pertinent to the veteran's claim for service connection for a sleep disorder.
- Claimed conditions
- obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2003
- Citation
- 0310854
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0310854.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Partly granted
The Board granted service connection for migraine headaches with an initial rating of 50 percent effective from August 10, 2022, and denied the claims for service connection for a right knee disability, obstructive sleep apnea, kidney disability, low back disability, and erectile dysfunction.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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