The Veteran's sleep apnea syndrome (obstructive sleep apnea) is being remanded due to a duty to assist error. The issue of entitlement to gout is also being remanded for the same reason.
The deciding factor: There are errors in the medical opinions provided prior to the April 2019 rating decision, which need to be corrected by obtaining addendum opinions that consider all service-connected disabilities and their potential impact on obesity and sleep apnea.
- Claimed conditions
- Obstructive sleep apnea syndrome, Somatic symptom disorder with unspecified anxiety and depressive disorder, Gout
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- A20015550
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 remands the claims for service connection for an acquired psychiatric disorder, right hand tremors, left hand tremors, gout, and chronic kidney disease to obtain outstanding VA treatment records and provide a medical examination.
- Denied
The Board denied the veteran's claims for increased ratings for coronary artery disease, diabetes mellitus type II, obstructive sleep apnea syndrome, peripheral neuropathy of both lower extremities, and left ear hearing loss. The veteran was granted a TDIU.
- Partly granted
The Board granted a 100 percent disability rating for PTSD and denied an earlier effective date. The claims for service connection for various conditions were remanded.
- Partly granted
The Board granted the reopening of claims for service connection for a heart disorder, hypertension, diabetes mellitus, and gout. The remaining claims were remanded for further development.
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