The Board has remanded the Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected depression. The AOJ is instructed to obtain a VA opinion that addresses whether the Veteran’s sleep apnea was incurred in or caused by her active duty service and if it is related to her service-connected depression.,The Board has also remanded the issue of assigning a compensable rating for the Veteran's service-connected eczema prior to November 30, 2017. The AOJ must obtain VA opinions regarding whether the Veteran’s topical treatments constituted systematic therapy and if her sleep apnea is related to her service-connected depression.
The deciding factor: The Board found that the remand directives were not substantially complied with in the previous decisions, particularly regarding obtaining a VA opinion on the etiology of the Veteran's sleep apnea. The AOJ was instructed to obtain an adequate opinion based on the September 2018 remand directives.,For the issue of assigning a compensable rating for the Veteran’s service-connected eczema prior to November 30, 2017, the Board found that VA opinions were needed regarding whether her topical treatments constituted systematic therapy and if her sleep apnea is related to her service-connected depression.
- Claimed conditions
- sleep apnea, eczema
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 29, 2020
- Citation
- 20050348
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 20050348.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.