The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, rating in excess of 20 percent for lumbosacral strain and right lower extremity radiculopathy, and TDIU due to his service-connected disabilities.
The deciding factor: The current evidence does not establish a diagnosis of obstructive sleep apnea during the appeal period. The Veteran's symptoms do not meet the criteria for a diagnosis of sleep apnea.
- Claimed conditions
- obstructive sleep apnea, lumbosacral strain, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19146305
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 service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- 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.
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