The Board has found that the Veteran does not have a current disability for service connection of his bilateral ankle and knee disabilities, as well as obstructive sleep apnea. The claims are being remanded to obtain an addendum opinion regarding whether the Veteran's obstructive sleep apnea was aggravated during his second period of active duty service.
The deciding factor: The VA examiner did not provide a medical opinion on whether the Veteran’s obstructive sleep apnea disability was aggravated beyond its natural progression during his second period of service in 2011.
- Claimed conditions
- bilateral ankle disability, bilateral knee disability, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19180667
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.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- 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.
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