The Board has remanded the Veteran's claims for increased ratings for asthma and hearing loss, as well as his claim for service connection for sleep apnea due to insufficient evidence in the record. The Veteran is required to provide additional medical records and undergo examinations to determine the current severity of his asthma and the etiology of his sleep apnea.
The deciding factor: The Board found that there were insufficient medical records available to make a decision on the claims, particularly regarding the PFT results for asthma and the nature and etiology of the Veteran's sleep apnea. The Board also noted that the Veteran had not undergone an examination related to his service connection claim.
- Claimed conditions
- Hearing loss in the left ear, Asthma, Sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2019
- Citation
- 19179082
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 19179082.
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 Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
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