The claims for a rating in excess of 20 percent for right shoulder acromioclavicular joint separation and degenerative arthritis, a rating in excess of 50 percent for PTSD, and TDIU have been dismissed due to the absence of an adequate substantive appeal.,The claim for service connection for obstructive sleep apnea has been remanded as there is insufficient evidence to determine its etiology.
The deciding factor: The Veteran did not file a proper substantive appeal, which is required by law. The Board lacks jurisdiction over these claims due to the inadequacy of the appeal.,There is insufficient evidence in the record to establish that the Veteran's obstructive sleep apnea is related to service or any other service-connected disability.
- Claimed conditions
- Right Shoulder Acromioclavicular Joint Separation, Degenerative Arthritis of Right Shoulder, Posttraumatic Stress Disorder (PTSD), Obstructive Sleep Apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2020
- Citation
- 20026928
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 20026928.
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 Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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