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
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 chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Board granted a 20 percent rating for the Veteran's left knee strain, service connection for right ear hearing loss, and service connection for a right ankle disorder. Other claims were denied or remanded.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
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