The Veteran's appeal for an increased rating for erectile dysfunction is dismissed as he withdrew his claim during the July 2017 Board hearing.,The Veteran’s claims of service connection for a right shoulder disability, pulmonary sleep disorder (claimed as sleep apnea), and right lower extremity nerve disability are remanded due to insufficient evidence addressing secondary service connection theories.,The Veteran's claim of service connection for a pulmonary sleep disorder is remanded due to insufficient evidence addressing the relationship between his obesity and service-connected disabilities, and whether it was caused or aggravated by his psychiatric disability.,The Veteran’s claim of service connection for a right lower extremity nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran's claims of increased ratings for lumbar spine degenerative joint disease, left knee instability with osteoarthritis, and right knee osteoarthritis are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.,The Veteran's claim of increased rating for left lower extremity sciatic nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran’s claims of increased ratings for depression are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.
The deciding factor: The Veteran withdrew his claim for an initial compensable disability rating for erectile dysfunction during the July 2017 Board hearing.,The VA medical opinion was not responsive to the Veteran's contention that his right shoulder disability is secondary to his service-connected right elbow disability. The remand requires an addendum opinion addressing this issue.,There are conflicting findings in the medical records regarding whether the Veteran has a current pulmonary sleep disorder (claimed as sleep apnea). The VA examiner must address the relationship between obesity and service-connected disabilities, and whether it was caused or aggravated by his psychiatric disability.,The right lower extremity nerve condition is not definitively diagnosed. A VA examination is needed to determine if the Veteran indeed has a current right lower extremity nerve disability and whether this disability is caused or aggravated by his service-connected lumbar spine disability.,VA outpatient records suggest functional impairments due to service-connected disabilities, including limitations on physically demanding activities such as walking, running, and exercising. The VA examiner must address these functional impacts during the period from August 11, 2011 to September 2012.,The Veteran's left lower extremity sciatic nerve disability is not definitively diagnosed. A VA examination is needed to determine if the Veteran indeed has a current left lower extremity sciatic nerve condition and whether this disability is caused or aggravated by his service-connected lumbar spine disability.,VA outpatient records suggest functional impairments due to service-connected disabilities, including limitations on physically demanding activities such as walking, running, and exercising. The VA examiner must address these functional impacts during the period from August 11, 2011 to September 2012.
- Claimed conditions
- erectile dysfunction, right shoulder disability, pulmonary sleep disorder (hypopnea and hypersomnia with unspecified apnea), right lower extremity nerve disability (peripheral neuropathy), lumbar spine degenerative joint disease, left knee instability with osteoarthritis, right knee osteoarthritis, left lower extremity sciatic nerve disability, depression
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2019
- Citation
- 19101735
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19101735.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Remanded (sent back)
The Board has expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
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