The Veteran's appeal for a temporary total evaluation based on the need for convalescence following surgical treatment for service-connected coronary artery disease is dismissed as moot.,The Veteran's appeal for an initial compensable evaluation for Merkel cell carcinoma is dismissed.,The Veteran’s appeals for service connection and increased evaluations related to hypertension, sleep apnea, and TDIU are remanded due to the need for additional VA medical opinions.
The deciding factor: The July 2019 rating decision granted a temporary total evaluation based on the need for convalescence following surgical treatment for service-connected coronary artery disease. The Veteran's appeal is moot as he sought the benefit from March 2019 to May 2019, which was included in the award.,The July 2018 rating decision did not address the issue of an initial compensable evaluation for Merkel cell carcinoma. The Veteran’s appeal is dismissed because the July 2018 rating decision is not eligible for review under VA's modernized review system.,Additional VA medical opinions are needed to determine the nature and etiology of the Veteran's sleep apnea, hypertension, and psychiatric disability.
- Claimed conditions
- sleep apnea, persistent depressive disorder with anxious distress and alcohol use disorder in full remission (psychiatric disability), type II diabetes mellitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2020
- Citation
- A20018160
Veterans Law Judge
Decisions by this judge: 1,612 · Granted: 16% (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 A20018160.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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