The Board has determined that new and material evidence has been received to reopen the evaluation of service connection for sleep apnea. The Veteran's claim is remanded for a VA examination to determine the current symptoms, level of severity, and functional impairment associated with his right foot disability, as well as an opinion on whether it is at least as likely as not that his sleep apnea is related to his time in service or caused by his sinusitis.
The deciding factor: The Veteran's claim for service connection for sleep apnea requires a determination of the etiology of the condition. The Board finds that remanding for an examination and opinion on this issue is necessary as the current evidence does not address whether the Veteran's sleep apnea is related to his time in service or caused by his sinusitis.
- Claimed conditions
- sleep apnea, sinusitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128849
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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