The Veteran's fatigue is rated at 10 percent and the Board has determined that a higher rating is not warranted.,Service connection for sleep apnea, claimed as sleep disturbance, dizziness, and muscle movement disorder in the eyes are all remanded due to insufficient evidence or lack of proper nexus opinions.,The Veteran's memory loss was granted an increased rating to 30 percent.
The deciding factor: The Veteran’s fatigue does not meet the criteria for a higher rating as it is only described as waxing and waning without periods of incapacitation that would warrant a higher rating under VA regulations.,There is insufficient evidence linking the Veteran's sleep apnea to his military service, including Gulf War exposure. The examiner did not consider the Veteran’s statements about pre-service symptoms.,The Veteran's muscle movement disorder in the eyes was found by the VA examiner to be unrelated to his military service and there is no subjective or objective evidence of an eye tremor.,There is insufficient evidence linking the Veteran's dizziness to his military service, specifically Gulf War exposure. The examiner did not consider the Veteran’s statements about pre-service symptoms.
- Claimed conditions
- Fatigue, Sleep Apnea (claimed as sleep disturbance), Muscle movement disorder in eyes, Dizziness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2020
- Citation
- 20054220
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 20054220.
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.
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The Veteran's PTSD is rated at 70 percent, and the Board has determined that a higher rating of 100 percent is not warranted.,Service connection for a back disability, fatigue, and sleep apnea are remanded due to duty-to-assist errors.
- Granted
The Veteran's claim for service connection for OSA as secondary to his service-connected restrictive lung disease has been granted.,The issue of entitlement to service connection for fatigue is being remanded.
- Remanded (sent back)
The Veteran's claim for SMC based on the need for aid and attendance is remanded due to a pre-decisional duty to assist error. The Board finds that an examination is needed to determine if the Veteran requires aid and attendance of another person due to his service-connected disabilities alone.
- Denied
The Board denied the Veteran's claim for service connection for TBI, finding that there is no current disability and insufficient evidence to establish a link between in-service events and his current symptoms.
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