The Board has remanded the case for further development, including consideration of whether the Veteran's conditions are due to undiagnosed illness or other qualifying chronic disability pursuant to 38 U.S.C. § 1117.
The deciding factor: The Court found that the Board failed to consider whether the Veteran's disabilities are due to an undiagnosed illness or other qualifying chronic disability as specified in 38 C.F.R. § 3.317.
- Claimed conditions
- obstructive sleep apnea, chronic fatigue, fibromyalgia, anemia, headaches, edema of the lower extremities, cardiovascular disability, hypogonadism, hypothyroidism, peripheral neuropathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2014
- Citation
- 1413637
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 1413637.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
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