The Board has ordered a new VA examination and sleep study to determine the existence and etiology of any current diagnosis of a sleep disorder, including obstructive sleep apnea and UARS. The Veteran's claim for service connection is remanded due to conflicting evidence in the claims file regarding his respiratory disability.
The deciding factor: The Board found conflicting evidence in the claims file regarding the Veteran's respiratory disability and problems sleeping, necessitating further examination and evaluation.
- Claimed conditions
- upper airway resistance syndrome
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2017
- Citation
- 1753980
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 1753980.
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.
- Dismissed
The Veteran's appeal for service connection for upper airway resistance syndrome and obstructive sleep apnea, as well as his request for a total disability rating based on individual unemployability, have been dismissed due to the Veteran's attorney withdrawing the appeals prior to the promulgation of a decision.
- Granted
The Veteran's service-connected adjustment disorder with mixed anxiety and depression is found to have caused his diagnosed upper airway resistance syndrome (UARS) and unspecified sleep apnea, which are now granted as secondary to the service-connected condition.
- Remanded (sent back)
The Board remands the service connection claim for upper airway resistance syndrome to obtain an addendum medical opinion addressing whether the condition is related to the Veteran's active service.
- Remanded (sent back)
The Board remands the claim for service connection for a breathing sleep disorder, to include upper airway resistance syndrome and sleep apnea, as an adequate VA medical examination and opinion are needed.
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