The Veteran's service-connected obstructive sleep apnea with UARS and latent tuberculosis are being remanded for additional examinations to determine their current severity. The TDIU claim is also inextricably intertwined and requires further development.
The deciding factor: The decision involves the need for updated medical evaluations to assess the current status of the Veteran's service-connected respiratory conditions, including whether UARS and obstructive sleep apnea are separate diagnoses or one disorder.
- Claimed conditions
- Obstructive Sleep Apnea, UARS (Upper Airway Resistance Syndrome), Latent Tuberculosis (previously evaluated as Chronic Granulomatous Lung Disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2019
- Citation
- 19102111
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 service connection for various disabilities and denied higher ratings for several service-connected conditions.
- 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.
- 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.
- Partly granted
The appeal for entitlement to service connection for obstructive sleep apnea was granted, while other appeals were dismissed as untimely and remanded for further action on essential tremors.
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