The Board has decided to remand several issues related to the Veteran's service-connected disabilities, including sleep apnea, shoulder disorder, back strain, rhinitis, and GERD. The AOJ is instructed to obtain STRs from reserve and National Guard service periods, private medical records, and VA treatment records.
The deciding factor: The Board found that there are gaps in the record regarding the Veteran's military service history and has ordered further efforts to obtain relevant records.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Left Shoulder Disorder, Lumbosacral Strain, Allergic Rhinitis, Gastroesophageal Reflux Disease (GERD), Right Knee Disorder, Left Knee Disorder, Right Leg Disorder (including Shin Splints), Left Leg Disorder (including Shin Splints)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2019
- Citation
- 19164579
Veterans Law Judge
Decisions by this judge: 869 · Granted: 29% (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 19164579.
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 claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Denied
The Veteran's allergic rhinitis is currently rated as 10 percent disabling prior to September 16, 2024 and noncompensable thereafter. The Board found the evidence against finding that his condition met the criteria for a higher rating.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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