The Board has granted the Veteran's petition to reopen his claim of service connection for obstructive sleep apnea. The claims for right shoulder disability, bilateral foot disability (claimed as a bilateral foot infection), fibromyalgia, respiratory disability, and gastritis with hiatal hernia are all remanded due to insufficient evidence on their merits.
The deciding factor: The Board found new and material evidence in the form of the Veteran's lay statements regarding his symptoms during service and after separation. The claims for right shoulder, bilateral foot, fibromyalgia, respiratory disability, and gastritis with hiatal hernia are remanded as there is insufficient evidence to determine their etiology.
- Claimed conditions
- obstructive sleep apnea, right shoulder disability, bilateral foot infection, fibromyalgia, respiratory disability, gastritis with hiatal hernia, lumbar spine disability, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2020
- Citation
- 20011235
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 20011235.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
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