The Board has determined that new and material evidence has been received to reopen the Veteran's previously denied claims for service connection for headaches, dizziness, residuals of a nasal fracture, obstructive sleep apnea, and memory loss. The appeal is granted on these issues. However, the Board has also remanded the Veteran’s claims as there are insufficient medical opinions provided in the September 2013 VA examination report.
The deciding factor: The September 2013 VA examiner did not provide sufficient rationale for his negative nexus opinions regarding the service connection for obstructive sleep apnea and dizziness, nor did he address the Veteran’s claims for residuals of a nasal fracture and memory loss. Additionally, the August 2013 Administrative Decision was not considered in the medical nexus opinion as it found that the March 1984 fight did not constitute willful misconduct.
- Claimed conditions
- headaches, dizziness, residuals of a nasal fracture, obstructive sleep apnea, memory loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2019
- Citation
- 19188609
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19188609.
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.
- 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.
- 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.
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