The Board has determined that the claims for service connection are inextricably intertwined with the issue of service connection for a thyroid disability resulting in excessive weight gain, which is being remanded. The Veteran's obstructive sleep apnea claim cannot be decided without resolving this issue.
The deciding factor: The medical opinion obtained through the March 2018 VA sleep apnea examination indicated that the Veteran’s obstructive sleep apnea was less likely than not (less than 50 percent probability) incurred in or caused by service, or aggravated by a service connected disability. However, the examiner noted the Veteran has multiple risk factors that have contributed to the development of his obstructive sleep apnea, including excess weight.
- Claimed conditions
- excessive weight gain, fatigue, aching joints, lumps/skin lesions, stomach problems, diarrhea, stress, forgetfulness, bouts of depression, emotional distress, lack of concentration
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103539
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.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Denied
The Board denied service connection for a disability manifested by fatigue, finding no evidence of the condition and attributing the Veteran's symptoms to other known diagnoses.
- Denied
The Board denied service connection for fatigue and an initial rating above 10 percent for reactive airway disease, as the evidence did not support a finding of chronic fatigue or a disability that warranted a higher rating based on pulmonary function test results.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
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