The Veteran's claim for service connection for a sleep disorder is denied as the Veteran’s fatigue with sleep disturbance does not constitute a separate disability for compensation purposes.,The Veteran's thoracic spine disability is currently evaluated at 10 percent from prior to November 26, 2014 and 20 percent thereafter. The claim for an increased rating for this condition is denied as the evidence shows that forward flexion of the thoracolumbar spine was limited to 40 degrees at worst.,The Veteran's right retropatellar pain syndrome is currently evaluated at 10 percent, and a higher initial rating is sought. The claim is remanded for further development.,The Veteran's post-concussive syndrome with anxiety and depression secondary to residuals of a closed head injury with occipital fracture from August 11, 2004, to March 11, 2017 is currently evaluated at 30 percent. A higher initial rating is sought and the claim is remanded for further development.,The Veteran's residuals of a closed head injury with occipital fracture are currently evaluated at 40 percent, and a higher initial rating is sought. The claim is remanded for further development.,The Veteran's mild neurocognitive disorder with unspecified anxiety disorder is currently evaluated at 70 percent, and a higher rating is sought. The claim is remanded for further development.
The deciding factor: The evidence does not support the presence of a separate disability for service connection purposes for the Veteran’s sleep disorder.
- Claimed conditions
- sleep disorder, thoracic spine disability, right retropatellar pain syndrome, post-concussive syndrome with anxiety and depression, residuals of a closed head injury with occipital fracture, mild neurocognitive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2020
- Citation
- 20046086
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 20046086.
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 has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has determined that the AOJ did not obtain all necessary opinions regarding whether the Veteran's symptoms are related to an undiagnosed illness or medically unexplained chronic multisymptom illness (MUCMI). The claims for service connection for fatigue, fibromyalgia, left elbow disorder, right elbow disorder, and sleep disorder are remanded for further development.
- Remanded (sent back)
The Veteran's claims for service connection for weight gain, sleep disorder, BPPV, and headache disorder are being remanded due to the need for additional medical opinions.,Specifically, a VA examiner is required to provide an opinion regarding whether the Veteran's BPPV and headache disorder are causally or etiologically related to his military service.
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