The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding whether his claimed conditions are of the type that should have been documented in service records and were not. The Veteran is required to undergo new VA examinations to address these issues.
The deciding factor: The examiners failed to comply with the terms of the remand from the previous Board decision, which requires each examiner who identifies a claimed disability to opine as to whether the claimed etiological injury in service was of the type that would have been documented in the service records but was not.
- Claimed conditions
- cervical spine disability, thoracolumbar spine disability, right hip arthritis, obstructive sleep apnea, left upper extremity carpel tunnel syndrome (claimed as radiculopathy or nerve condition), right upper extremity carpel tunnel syndrome (claimed as radiculopathy or nerve condition), left lower extremity radiculopathy, right lower extremity radiculopathy, TBI
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2019
- Citation
- 19113149
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (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 19113149.
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 the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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