The Board has reopened the claims for service connection for OSA and an acquired psychiatric disorder, but has remanded several other issues due to lack of evidence or procedural errors.
The deciding factor: The decision is based on new evidence received since the last denial that raises a reasonable possibility of substantiating the claims.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Acquired psychiatric disorder, claimed as 'mental health condition'
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2019
- Citation
- 19128063
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 obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
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