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's sleep apnea claim is denied because there is no current diagnosis of the condition.,Fibromyalgia was granted as it is presumed due to service in the Persian Gulf War, and the Veteran has been prescribed medication for control of the condition.,Bilateral eye condition, left shoulder condition, and right shoulder condition require further examination and opinion regarding their etiology.,Lower back disability claim is denied because 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.
- 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
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.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- 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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