The Board has remanded the claims for service connection for right and left leg restless leg syndrome, obstructive sleep apnea (OSA), and the etiology of any bilateral leg disability due to in-service motor vehicle accident or improper boot use. The Veteran's representative cited a medical article linking PTSD with OSA.
The deciding factor: The Board found conflicting evidence regarding the current diagnosis of restless leg syndrome and remanded for further examination and opinion on its etiology, as well as the nature and etiology of sleep apnea related to service-connected conditions.
- Claimed conditions
- right leg restless leg syndrome, left leg restless leg syndrome, obstructive sleep apnea (OSA)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2019
- Citation
- 19183080
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 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.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
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