The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, obstructive sleep apnea, and peripheral neuropathy of the lower extremities require additional development due to non-compliance with prior remand directives.
The deciding factor: The VA examinations did not fully comply with the Board’s previous instructions regarding consideration of the Veteran's lay statements and medical articles.
- Claimed conditions
- bilateral hearing loss, obstructive sleep apnea, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130580
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.
- 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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