The Board has remanded the Veteran's claims for service connection and TDIU due to a violation of instructions. The claims are now to be addressed again with additional development, including obtaining medical records and providing VA examinations.
The deciding factor: The decision is based on a violation of the Board’s previous instructions regarding the development of evidence and provision of VA examinations.
- Claimed conditions
- back disability, left shoulder disability, lung condition (residuals of pneumonia), obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2020
- Citation
- 20008076
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the 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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.