The Board has remanded the Veteran's claims for increased ratings for obstructive sleep apnea and gastroesophageal reflux disease due to outstanding private treatment records and inadequate VA examination reports.
The deciding factor: The Court found that the VA examinations and opinion did not adequately address the nature or severity of the Veteran’s GERD symptoms when he was not taking medication, which is a requirement under Jones v. Shinseki (2012).
- Claimed conditions
- Obstructive Sleep Apnea, Gastroesophageal Reflux Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2018
- Citation
- 18144940
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 18144940.
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.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Partly granted
The Veteran's PTSD was granted a 70 percent rating prior to March 7, 2022, while other claims were denied.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.