As new and material evidence has been received to reopen the claim of entitlement to service connection for a left shoulder disability, the petition to reopen is granted. The appeal to reopen is granted. Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for sleep apnea as secondary to service connected reactive airway disease and depression is remanded. Entitlement to an initial compensable rating for bilateral hearing loss is remanded. Entitlement to a rating in excess of 10 percent for left knee degenerative joint disease is remanded. Entitlement to an initial compensable rating for residuals of left index finger fracture is remanded.
The deciding factor: New and material evidence has been received, raising a reasonable possibility of substantiating the claim of entitlement to service connection for a left shoulder disability.
- Claimed conditions
- left shoulder condition, sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2019
- Citation
- 19123238
Veterans Law Judge
Decisions by this judge: 880 · Granted: 26% (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 19123238.
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.
- 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.
- 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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