The Veteran's claim for sleep apnea is denied as there is no current diagnosis of the condition.,Service connection for fibromyalgia is granted due to its presumptive relationship with service in the Persian Gulf War.,Bilateral eye condition, left shoulder condition, and right shoulder condition are remanded for further examination and opinion.,Lower back disability claim is denied as there is no current diagnosis of the condition.,Respiratory condition (claimed as asbestos exposure) and skin condition claims are remanded for further examination and opinion.,Service connection for maxillary sinusitis remains unchanged with a need for an updated VA examination.
The deciding factor: The Veteran has not been diagnosed with sleep apnea, and his current symptoms are related to service-connected PTSD. The claim is denied as there is no current diagnosis of the condition.,Fibromyalgia was diagnosed presumptively due to service in the Persian Gulf War. The claim for fibromyalgia is granted based on its presumptive relationship with service.,The Veteran's bilateral eye condition, left shoulder condition, and right shoulder condition are remanded as there is insufficient evidence regarding their etiology.,There is no current diagnosis of lower back disability. The claim is denied.,Respiratory condition (claimed as asbestos exposure) and skin condition claims are remanded due to the need for further examination and opinion on their etiology.,Service connection for maxillary sinusitis remains unchanged with a need for an updated VA examination.
- Claimed conditions
- sleep apnea, fibromyalgia, bilateral eye condition, left shoulder condition, right shoulder condition, lower back disability, respiratory condition (claimed as asbestos exposure), skin condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106989
Veterans Law Judge
Decisions by this judge: 1,836 · Granted: 31% (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 19106989.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
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