The Veteran's petition to reopen the claims for obstructive sleep apnea, bilateral upper extremity arthralgia, and bilateral lower extremity arthralgia was granted. The appeal is granted on these issues.,The Veteran's claims for service connection for lumbar spine disability and cervical spine disability are being remanded due to insufficient evidence.
The deciding factor: New and material evidence has been received, raising a reasonable possibility of substantiating the claims of entitlement to service connection for obstructive sleep apnea, bilateral upper extremity arthralgia, bilateral lower extremity arthralgia, lumbar spine disability, and cervical spine disability.
- Claimed conditions
- {"condition_name":"Obstructive Sleep Apnea"}, {"condition_name":"Bilateral Upper Extremity Arthralgia"}, {"condition_name":"Bilateral Lower Extremity Arthralgia"}, {"condition_name":"Lumbar Spine Disability"}, {"condition_name":"Cervical Spine Disability"}
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 8, 2020
- Citation
- 20001623
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 Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
- Granted
The Board granted service connection for migraine headaches as proximately due to the Veteran's service-connected tinnitus.
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