The Board found that a rating in excess of 50 percent for obstructive sleep apnea is not warranted and remanded the issues related to left knee strain, unspecified depressive disorder, shin splints, maxillary sinusitis, allergic rhinitis, hypertension, and tinea corporis. The Veteran's service connection claims are pending.
The deciding factor: The evidence did not show that the Veteran’s obstructive sleep apnea resulted in chronic respiratory failure with carbon dioxide retention or cor pulmonale, or required tracheostomy.
- Claimed conditions
- left knee strain, unspecified depressive disorder, obstructive sleep apnea, shin splints of the left lower extremity, shin splints of the right lower extremity, left maxillary sinusitis, allergic rhinitis, hypertension, tinea corporis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2019
- Citation
- 19132149
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
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