The Board has reopened the Veteran's claims for service connection for left knee disorder, cervical spine disorder, lumbar spine disorder, and right knee disorder due to new evidence submitted within a year of the May 2014 rating decision. The remaining issues—service connection for upper respiratory tract disorder (sinusitis and allergic rhinitis) and obstructive sleep apnea—are remanded as additional development is needed regarding missing service treatment records.
The deciding factor: The new evidence submitted within a year of the May 2014 rating decision includes private treatment records, lay statements, and other medical reports that raise reasonable possibility of substantiating the claims for left knee disorder. However, the remaining issues require additional development due to missing service treatment records.
- Claimed conditions
- left knee disorder, cervical spine disorder, lumbar spine disorder, right knee disorder, upper respiratory tract disorder (sinusitis and allergic rhinitis), obstructive sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2019
- Citation
- 19153340
Veterans Law Judge
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 19153340.
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.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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