The Veteran's sleep apnea is granted as service-connected, with the onset during active service.,Service connection for obesity claimed as weight gain due to service-connected disabilities is denied. Obesity itself is not a compensable disability for VA purposes.,Service connection for gout is remanded as there is insufficient evidence on record regarding its relationship to service-connected disabilities.,Service connection for degenerative arthritis of the thoracic spine is remanded as the November 2013 VA examination report did not address the relationship between this condition and the Veteran's service-connected bilateral ankles, knees, and pes planus.
The deciding factor: The Board found a nexus between the Veteran’s sleep apnea and his active military service based on credible lay evidence of symptoms during service.,Obesity was not recognized as a compensable disability for VA purposes. The medical evidence did not establish an underlying pathology that could be linked to obesity.,There is insufficient evidence linking gout to the Veteran's service-connected disabilities, specifically bilateral pes planus, bilateral ankles, and knees.,The November 2013 VA examination report failed to address whether the Veteran’s degenerative arthritis of the thoracic spine was aggravated by his service-connected disabilities.
- Claimed conditions
- sleep apnea, obesity, gout, degenerative arthritis of the thoracic spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 12, 2019
- Citation
- 19170306
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 19170306.
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 Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Remanded (sent back)
The Board has remanded the Veteran's gout claim for additional development, including obtaining an adequate VA examination and ensuring all relevant records are obtained. The TDIU claim is also being remanded.
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