The Board has remanded several issues for further development and clarification, including service connection claims for sleep disturbances, depression, a left ear condition, and chronic pain in the back. The Veteran's appeal to establish TDIU is also inextricably intertwined with these issues.
The deciding factor: The decision was made based on pending outstanding records and the need for further development of evidence related to service connection claims.
- Claimed conditions
- sleep disturbances, depression (also claimed as anger and memory problems and mood swings), left ear condition (claimed as drainage of blood left ear), chronic pain in the back (chronic pain and fatigue)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178353
Veterans Law Judge
Decisions by this judge: 399 · Granted: 41% (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 19178353.
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 has denied the Veteran's claims for service connection for lumbar spine, left knee, right knee, right wrist, headaches, and sleep disturbances as there is no persuasive evidence of current disabilities during the appeal period.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including sinusitis, right and left upper extremity radiculopathy, sleep disturbances, a right knee disability, osteoarthritis of the lumbar spine, allergic rhinitis, and patellofemoral syndrome with degenerative arthritis in the left knee. The Board found that there was insufficient evidence to support these claims.
- Dismissed
The Board has dismissed the appeals for all issues related to service connection and rating decisions from February 2017, May 2019, and November 2019 due to untimely Notice of Disagreement filings.
- Remanded (sent back)
The Veteran's motion to revise June 2009 and July 2012 rating decisions that denied service connection for sleep disturbances, on the grounds of clear and unmistakable error (CUE), is remanded. The AOJ must adjudicate whether a claim of service connection for sleep apnea was reasonably raised at the time of the June 2009 and July 2012 rating decisions.
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