The Veteran's claim for service connection for sleep apnea as secondary to his service-connected esophageal spasms and gastroesophageal reflux disease (GERD) is being remanded due to the need for a VA examination.
The deciding factor: The Veteran failed to appear at the scheduled VA examination, which was needed to determine if there is a relationship between sleep apnea and his service-connected conditions.
- Claimed conditions
- sleep apnea, esophageal spasms, gastroesophageal reflux disease (GERD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2010
- Citation
- 1017682
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 1017682.
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.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Dismissed
The appeal for service connection for sleep apnea is dismissed as the benefit sought has been granted, making the case moot.
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