The Board has remanded the cases for further development and consideration, including obtaining additional medical records and arranging for examinations to assess the severity of the Veteran's service-connected partial complex seizures with narcolepsy. The claims are also being referred to the VA Director of Compensation for consideration of extraschedular increased ratings.
The deciding factor: The Board found that remand was necessary due to incomplete development of the medical evidence and potential overlap between symptoms related to the Veteran's service-connected conditions and his nonservice-connected obstructive sleep apnea (OSA).
- Claimed conditions
- Partial Complex Seizures, Narcolepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187057
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 Veteran's acquired psychiatric disorder, degenerative changes in the lower lumbar spine, and narcolepsy are service-connected. A total disability rating based on individual unemployability due to these conditions is also granted.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability ratings for GERD and narcolepsy due to inadequate VA examinations.
- Partly granted
The Board granted service connection for insomnia and remanded the claim for obstructive sleep apnea. All other claims for service connection were denied.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's PTSD, scoliosis, erectile dysfunction, right elbow disorder, bilateral foot disorder, hearing loss, tinnitus, narcolepsy, and vision impairment due to insufficient evidence or need for further examination.
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