The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection of low back disability, bilateral knee disabilities, and sleep apnea. The issues are being remanded for further development including obtaining updated VA treatment records, scheduling additional examinations, and considering a TDIU claim.
The deciding factor: New and material evidence has been submitted that raises a reasonable possibility of substantiating the Veteran's claims for service connection of low back disability, bilateral knee disabilities, and sleep apnea. Further development is needed to determine the current severity of these conditions and their relationship to service.
- Claimed conditions
- Low Back Disability, Bilateral Knee Disabilities, Sleep Apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2019
- Citation
- 19150816
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 the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
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