The Veteran's claims for increased rating and service connection are being remanded due to the need for additional examinations and medical opinions.,The claim for sleep apnea is being remanded as there was insufficient consideration of the Veteran’s in-service symptoms and post-deployment treatment history, along with his current testimony about gasping for air during sleep.,The claim for headaches is being remanded due to the lack of a clear opinion regarding whether the Veteran's headaches are related to Gulf War service or an undiagnosed illness.,The claim for allergic rhinitis is being remanded because there was no examination addressing the potential link between the condition and Gulf War service.
The deciding factor: There were insufficient examinations and opinions regarding the Veteran's low back strain, sleep apnea, headaches, and allergic rhinitis.,The VA examiner did not consider the Veteran’s in-service symptoms of snoring and gasping for air during sleep when evaluating his sleep apnea claim.,The VA examiner did not address whether the Veteran's headaches are related to Gulf War service or an undiagnosed illness, despite the Veteran's testimony about these issues.,There was no examination addressing the potential link between the Veteran’s allergic rhinitis and Gulf War service.
- Claimed conditions
- low back strain, sleep apnea, headaches, allergic rhinitis with nasal polyp
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2020
- Citation
- 20071696
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 conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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