The Board denied service connection for obstructive sleep apnea due to lack of a current diagnosis and no in-service incident or injury linked to the condition. The cervical strain and lumbar strain claims were remanded for additional development, including an addendum opinion on the Veteran's reported pain history and lay statements from his commanding officer and fellow soldier. The varicella zoster claim was also remanded for a medical examination to determine if it is at least as likely as not that the in-service varicella zoster condition relates to the current manifestations of the disorder.
The deciding factor: The Board found insufficient evidence to establish service connection for obstructive sleep apnea due to lack of a present diagnosis and no link between any in-service incident or injury and the condition. The cervical strain and lumbar strain claims were remanded as additional development was needed, including an addendum opinion on the Veteran's reported pain history and lay statements from his commanding officer and fellow soldier. The varicella zoster claim was also remanded for a medical examination to determine if there is a link between the in-service condition and current manifestations.
- Claimed conditions
- Obstructive sleep apnea, Cervical strain, Lumbar strain, Varicella zoster
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2018
- Citation
- 18151337
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 18151337.
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 has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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