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 considerations of the Veteran’s in-service symptoms, post-deployment treatment history, and current testimony regarding his sleep apnea.,The examiner did not consider the Veteran's in-service symptoms and post-deployment treatment history when forming an opinion on whether his sleep apnea is related to service-connected PTSD.,There was no examination addressing the potential link between the Veteran’s allergic rhinitis and Gulf War service, despite the Veteran's assertions of exposure during deployment.,The examiner did not consider the Veteran's in-service symptoms and post-deployment treatment history when forming an opinion on whether his sleep apnea is related to service-connected PTSD.
- 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
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- 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.
- 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.
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