The Board has vacated its October 2018 decision, which denied higher rating and earlier effective date for award of service connection for sinus headaches; and denied the appeal for service connection for obstructive sleep apnea. The case is now remanded to determine if there are any new or material evidence that could support reopening the claims.
The deciding factor: The Board found that additional evidence submitted by the Veteran's attorney was not considered in its entirety, warranting vacatur of the October 2018 decision and a remand for further development.
- Claimed conditions
- sinus headaches, obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2019
- Citation
- 19167157
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 19167157.
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.
- 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.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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