The Board has vacated the November 2018 decision and remanded two issues: service connection for a mental disorder (claimed as a psychiatric condition) to include as secondary to service connected disability, and service connection for sleep apnea to include as secondary to a mental disorder. The Veteran's representative argued that new evidence should have been considered in the November 2018 decision.
The deciding factor: The Board found that the new evidence submitted by the Veteran’s representative was in VA's possession but not discussed in the November 2018 decision, and thus vacated the decision with respect to these two issues.
- Claimed conditions
- mental disorder (claimed as a psychiatric condition), sleep apnea disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2019
- Citation
- 19113547
Veterans Law Judge
Decisions by this judge: 2,329 · 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 19113547.
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.
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The Board has remanded the claims for service connection for left and right intercostal muscle strains due to inadequate VA medical opinions. The Veteran's other claims, including neurocognitive disorder, ischemic stroke disorder, and sleep apnea disorder, have been denied.
- Remanded (sent back)
The Board remands the claim for a sleep apnea disorder to obtain an adequate medical opinion.
- Granted
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