The Veteran's claim for service connection for a sinus condition is denied as there is no current diagnosis of the claimed condition.,The Veteran's claims for service connection for obstructive sleep apnea (OSA), hypertension, prostate cancer, and diabetes mellitus, type II are remanded due to insufficient evidence regarding their etiology.,Service connection for obesity was previously denied in a January 2019 rating decision. The Board notes that on January 6, 2017, the General Counsel issued a precedential opinion which held that obesity could be an 'intermediate step' between a service-connected disability and a current disability.,The Veteran's claim for service connection for prostate cancer is remanded due to insufficient evidence regarding its etiology.,The Veteran's claim for service connection for headaches is remanded as it is inextricably intertwined with his claims for sleep apnea.
The deciding factor: There is no clear objective evidence that the Veteran has a sinus condition. Service connection cannot be granted if there is no present disability.,The etiology of the Veteran's hypertension, diabetes, and OSA needs to be determined based on his service records and any potential exposure to asbestos or other chemicals during service.,Obesity was previously denied in a January 2019 rating decision. The Board notes that obesity could be an 'intermediate step' between a service-connected disability and a current disability, and thus the issue should be resolved based on this precedent opinion.,The etiology of the Veteran's prostate cancer needs to be determined based on his service records and any potential exposure to asbestos or other chemicals during service.,The etiology of the Veteran's headaches needs to be determined based on his service records and any potential exposure to asbestos or other chemicals during service.
- Claimed conditions
- sinus condition, obstructive sleep apnea (OSA), hypertension, prostate cancer, diabetes mellitus, type II
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143229
Veterans Law Judge
Decisions by this judge: 2,435 · Granted: 22% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19143229.
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.
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The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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