The Veteran's claim for service connection for sleep apnea has been reopened, but the issue remains remanded due to additional development needed.,The Veteran's claim for service connection for a gynecological disorder is dismissed as there are no remaining questions of law or fact involving this issue.
The deciding factor: The Veteran did not provide new and material evidence within one year of the August 2009 rating decision, which resulted in that decision being final. New evidence received more than a year later relates to an unestablished fact necessary to substantiate her claim for service connection.,There is no unresolved issue regarding the Veteran's gynecological conditions as she is already service-connected for all claimed or current gynecological conditions.
- Claimed conditions
- sleep apnea, gastrointestinal disorder other than IBS (GERD, hiatal hernia, postoperative ventral hernia), fatigue disorder (including chronic fatigue syndrome, bronchitis, and/or a medically unexplained chronic multisymptom illness associated with Gulf War service), gynecological disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2018
- Citation
- 18151759
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 18151759.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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