The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge via video conference. The issues include seeking an increased evaluation for his right sternoclavicular joint, service connection for GERD secondary to that condition, and reopening of his sleep apnea claim.
The deciding factor: The Veteran requested a new hearing due to the retirement of the previous Veterans Law Judge who presided over his initial hearing. The case is now being remanded for this purpose.
- Claimed conditions
- post-operative residuals of a fracture and dislocation of the right sternoclavicular joint, GERD, sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2012
- Citation
- 1209365
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 1209365.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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