The Board has remanded the cases for further development due to non-response to examination requests. The Veteran must be afforded another opportunity to attend examinations near his current residence in Texas.
The deciding factor: The Veteran's relocation(s) present what appears to be nonresponsiveness to attempts to schedule the examinations, and he has affirmatively expressed willingness to appear.
- Claimed conditions
- obstructive sleep apnea (OSA), deviated nasal septum, bilateral knee disability, scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2019
- Citation
- 19161996
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 19161996.
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Denied
The Board denied service connection for somatic symptom disorder, respiratory disorders (including COPD), nephrolithiasis, deviated nasal septum, and higher initial disability ratings for PTSD with unspecified depressive disorder with anxious distress and GERD, hiatal hernia, reflux esophagitis, Barrett's esophagus.
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