The Board has remanded the Veteran's claims for hypertension, back disorder, and sleep apnea due to duty-to-assist errors. Specifically, the VA is required to obtain private treatment records from Drs. B. and C., verify whether the onset of hypertension was during active service, provide a medical opinion regarding the etiology of the back disorder on both direct and presumptive bases, and provide an opinion regarding the relationship between sleep apnea and PTSD.
The deciding factor: The Board found that there were errors in duty-to-assist obligations related to obtaining private treatment records and verifying the onset of hypertension during active service. The VA is required to correct these issues before making a determination on the claims.
- Claimed conditions
- hypertension, back disorder, sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- A20016109
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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