The Board has determined that a remand is necessary to provide the Veteran with an adequate VA examination for his service connection claims for obstructive sleep apnea and colon cancer, as well as obtain addendum medical opinions regarding these claims.
The deciding factor: The provided evidence does not establish clear and unmistakable error (CUE) in previous decisions related to the Veteran's claims. The decision is based on the need for further examination and opinion due to insufficient or speculative nature of existing opinions.
- Claimed conditions
- obstructive sleep apnea, colon cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127247
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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