The Board has remanded the case due to the need for additional development and notification.
The deciding factor: The VA needs to ensure compliance with all aspects of the Veterans Claims Assistance Act (VCAA) before making a determination on the service connection claim.
- Claimed conditions
- sleep disorder, sleep apnea syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2006
- Citation
- 0638182
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 0638182.
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.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Remanded (sent back)
The Board remands the issues of service connection for a sleep disorder and entitlement to a rating in excess of 30 percent for chronic obstipation (constipation) for further development.
- Dismissed
The appeal for service connection for sleep apnea syndrome was dismissed due to concurrent elections, which are prohibited under the regulations.
- Denied
The Board denied service connection for anxiety, depression, PTSD, headaches (including migraines), and sleep apnea syndrome as the evidence did not support a finding that these conditions were incurred in or aggravated by active duty.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.