The Veteran's claims for service connection and increased ratings are being remanded due to inadequate examinations and the need for additional development.,The Veteran's GERD claim is also being remanded as there was insufficient consideration of submitted medical literature.
The deciding factor: The VA examinations did not consider all relevant factors, including the specific facts in the Veteran’s case and submitted medical literature. Additional examination and evidence are needed to properly assess these claims.,The VA examiner failed to consider the submitted medical literature indicating a relationship between PTSD and GERD.
- Claimed conditions
- sleep apnea, gastroesophageal reflux disease (GERD), left knee patellofemoral syndrome, right knee patellofemoral syndrome, cervical spine strain, thoracic spine strain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2019
- Citation
- 19104379
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 his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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