The Veteran's appeal is remanded for a new VA examination to assess the severity of his service-connected sleep apnea. The Board finds that the evidence of record is insufficient to address the Veteran’s contention that his sleep apnea warrants higher than a 50 percent rating.
The deciding factor: The February 2017 VA examiner's report was inadequate for addressing the Veteran's initial rating claim due to lack of consideration of the results from the January 2009 private treatment sleep study.
- Claimed conditions
- sleep apnea, posttraumatic stress disorder (PTSD), left index finger osteoarthritis, tinnitus, right calf puncture wound, left knee osteoarthritis, bilateral hearing loss, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2019
- Citation
- 19180775
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 service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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).
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