The Veteran's lumbar spine disability is being remanded for an updated VA examination to assess the current nature and severity of his condition.,The issue of service connection for peripheral radiculopathy of bilateral upper and lower extremities is being remanded due to inadequate previous VA examination results.,An additional medical opinion is needed regarding the etiology of the Veteran's major depressive disorder, as well as whether it is aggravated by his service-connected lumbar spine disability.,The issue of service connection for obstructive sleep apnea is being remanded because there is evidence suggesting a link to military service or a service-connected disability.,A VA examination in conjunction with this claim is needed due to the Veteran's cervical spine disability possibly having been caused by his active service.,The Veteran's skin disability is being remanded for an additional VA examination and opinion regarding its etiology, given conflicting evidence from different medical professionals.,Service connection for high blood pressure is being remanded because it has not yet been adjudicated due to pending SSA benefits determination.,Service connection for diabetes mellitus and peripheral neuropathy of the bilateral upper and lower extremities are being remanded as well.,Service connection for hypercholesterolemia is being remanded, with a request for additional evidence from Social Security Administration (SSA) regarding disability benefits.
The deciding factor: The previous VA examination was inadequate due to failure to comply with 38 C.F.R. § 4.59 and the Court's holding in Correia v. McDonald, 28 Vet. App. 158 (2016).,There is evidence suggesting a worsening of the Veteran’s lumbar spine disability since the June 2017 examination.,The VA examiner provided an inadequate opinion regarding the etiology of the Veteran's major depressive disorder, based on inaccurate facts and without addressing whether it was aggravated by his service-connected lumbar spine disability.,There is evidence indicating a current diagnosis of OSA and possible link to military service or a service-connected disability.,The Veteran has been diagnosed with degenerative changes in his cervical spine. The examiner's opinion did not adequately address the link between the current disability and service.,Dr. Ortiz’s statement was based on general skin conditions, but there are multiple diagnoses of different skin disorders that need to be considered.,There is evidence suggesting a possible connection between military service and high blood pressure, including SSA benefits for disability.,Service connection for diabetes mellitus and peripheral neuropathy of the bilateral upper and lower extremities have not yet been adjudicated due to pending issues with SSA benefits determination.,Service connection for hypercholesterolemia is being remanded because there are conflicting opinions from different medical professionals regarding its etiology.
- Claimed conditions
- lumbar strain with lumbar spondylosis, obstructive sleep apnea, acquired psychiatric disorder (major depressive disorder), cervical spine disability, skin disability, high blood pressure, diabetes mellitus, peripheral neuropathy of the bilateral upper and lower extremities, hypercholesterolemia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2019
- Citation
- 19175171
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 19175171.
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 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 claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- 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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