The Veteran's claims for service connection for upper airway resistance syndrome and restless leg syndrome are being remanded due to the need for additional medical examination and analysis. The examiner is asked to consider whether these conditions are related to his military service, including environmental exposures in Southwest Asia.
The deciding factor: The Board has determined that a new VA examination is needed to determine if the Veteran's upper airway resistance syndrome and restless leg syndrome are related to his military service, particularly given the presence of sinus issues during service.
- Claimed conditions
- upper airway resistance syndrome, restless leg syndrome
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 27, 2019
- Citation
- 19189702
Veterans Law Judge
Decisions by this judge: 1,934 · Granted: 41% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19189702.
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 the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Dismissed
The Veteran's appeal for service connection for upper airway resistance syndrome and obstructive sleep apnea, as well as his request for a total disability rating based on individual unemployability, have been dismissed due to the Veteran's attorney withdrawing the appeals prior to the promulgation of a decision.
- Denied
The Veteran's child is not eligible for VA benefits under 38 U.S.C. § 1805 for spina bifida because the evidence does not support a diagnosis of this condition.
- Granted
The Veteran's tinnitus, gout in the right hand and bilateral lower extremities, and sleep apnea are granted service connection. The Veteran's hypertension, arthritis, neck condition, restless leg syndrome, sciatica, and back condition are denied service connection.
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