The Board has remanded the Veteran's claims of service connection for a right ankle disorder and sleep apnea due to duty to assist errors. The VA examinations need to be supplemented with additional opinions addressing whether any current right ankle disability or sleep apnea is related to his military service.
The deciding factor: The VA examinations did not adequately address the significance of evidence suggesting that a current right ankle disability may be related to prior trauma, and the Veteran's in-service complaints regarding trouble sleeping. The Board requires addendum opinions on these issues.
- Claimed conditions
- Right ankle disorder, Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- A20015516
Veterans Law Judge
Decisions by this judge: 880 · Granted: 26% (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 A20015516.
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 Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
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