The Veteran's service-connected conditions have worsened since the last VA examinations, and he should be afforded new examinations to evaluate the current severity of his OSA, right lower extremity radiculopathy, left lower extremity radiculopathy, and GERD.
The deciding factor: The Veteran’s service-connected disabilities have worsened since the last VA examinations, necessitating new evaluations for their current severity.
- Claimed conditions
- obstructive sleep apnea (OSA), lumbar degenerative disc disease with spinal stenosis, right lower extremity radiculopathy, left lower extremity radiculopathy, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20000626
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- 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.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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