The Board has remanded the case due to insufficient evidence regarding the onset of the Veteran's sleep apnea during his active duty service. The Veteran was diagnosed with sleep apnea in September 2011, and he submitted lay statements indicating that his symptoms had been present since his active duty service. However, the STRs do not show treatment for sleep apnea while on active duty, and a private medical report is deemed insufficient due to lack of review of specific periods of active duty service.
The deciding factor: The Board found insufficient evidence regarding the onset of the Veteran's sleep apnea during his active duty service.
- Claimed conditions
- sleep apnea syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2019
- Citation
- 19104512
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (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 19104512.
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 sleep apnea syndrome, frequent falls and unbalance, headaches, right shoulder disability, back disability, left hip disability, and left knee disability. The evidence did not support a finding that these conditions began during service or were linked to service.,VA examinations and etiology opinions found no link between the Veteran's current diagnoses of sleep apnea syndrome and frequent falls and unbalance with his military service.
- Granted
The Board has granted the Veteran's claim for service connection for sleep apnea syndrome, finding that new and relevant evidence supports this determination. The Veteran's current diagnosis of sleep apnea is linked to his active duty service.
- Granted
The Veteran's migraines and sleep apnea syndrome are currently rated at the maximum schedular disability rating of 50 percent.,An earlier effective date of March 18, 2020, is granted for the grant of service connection for migraines.
- Remanded (sent back)
The Veteran's claims for service connection for anxiety and sleep apnea syndrome are being remanded due to the need for additional development, including examinations.
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