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Remanded (sent back)PACT Act

The Veteran is seeking service connection for obstructive sleep apnea and a gastrointestinal disability, including as due to an undiagnosed illness. He also seeks an increased rating for his service-connected osteoarthritis of the left hip.,The Veteran contends that he incurred obstructive sleep apnea during active service or, alternatively, his service-connected sinusitis caused or aggravated (permanently worsened) his obstructive sleep apnea. He also contends that he incurred a gastrointestinal disability as a result of an undiagnosed illness initially experienced while deployed to the southwest Asia theater of operations during the Persian Gulf War.,The Veteran is seeking an increased rating for his service-connected osteoarthritis of the left hip.

The deciding factor: Service connection may be granted if there is a disability at some point during the claim even if it later resolves or becomes asymptomatic. The Veteran's current diagnoses include obstructive sleep apnea and gastrointestinal disabilities, including irritable bowel syndrome and gastroesophageal reflux disease (GERD).,The Veteran served in the southwest Asia theater of operations during the Persian Gulf War and service connection is in effect for sinusitis.,VA's duty to assist under the VCAA includes scheduling an examination where necessary. The Veteran should be scheduled for appropriate examinations to determine the nature and etiology of his obstructive sleep apnea, including as due to service-connected sinusitis, and his claimed gastrointestinal disability, to include irritable bowel syndrome and GERD, including as due to an undiagnosed illness.

Claimed conditions
obstructive sleep apnea, gastrointestinal disability (irritable bowel syndrome and gastroesophageal reflux disease)
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
October 19, 2015
Citation
1544416

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 1544416.

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.

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