The Board has remanded the claims for evidentiary development due to the Veteran's failure to report to a VA examination. The issues of service connection for obstructive sleep apnea and a sleep disturbance other than obstructive sleep apnea are also remanded.
The deciding factor: The Veteran did not appear for a scheduled VA examination, which is required for proper evaluation of his claims.
- Claimed conditions
- Allergic Rhinitis, Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066611
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 service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The Board denied a compensable rating for allergic rhinitis, service connection for chronic sinusitis and bilateral tinnitus, granted a 50 percent initial rating for PTSD, and remanded the claims for an increased rating for PTSD and service connection for a somatic disorder.
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