The Veteran's claims for service connection for OSA, CAD, cirrhosis of the liver, and diabetes mellitus type II are remanded due to the need for a medical examination.,It is noted that VA’s Office of General Counsel (OGC) issued Opinion 1-2017 in January 2017 recognizing obesity as an intermediate step between service connection and these conditions.
The deciding factor: The Veteran's claims are remanded due to the need for a medical examination to determine if there is a link between his right ankle disability and the other claimed disabilities.
- Claimed conditions
- {"condition_name":"Obstructive Sleep Apnea (OSA)","diagnosis_codes":[]}, {"condition_name":"Coronary Artery Disease (CAD)","diagnosis_codes":[]}, {"condition_name":"Cirrhosis of the Liver","diagnosis_codes":[]}, {"condition_name":"Diabetes Mellitus type II","diagnosis_codes":[]}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- 19181130
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.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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