The Board has remanded the case for further development, including obtaining an addendum opinion regarding the relationship between the Veteran's sleep apnea and his service-connected conditions, particularly PTSD and frostbite residuals.
The deciding factor: The decision is based on new evidence submitted by the Appellant and additional court precedent since the prior remand, which requires consideration of aggravation in cases where a theory of secondary service connection is raised by the veteran or reasonably raised by the record.
- Claimed conditions
- sleep apnea, posttraumatic stress disorder (PTSD), residuals of frostbite to the feet and hands
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20072678
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
- Granted
The Board granted an effective date of October 17, 2022, for the grant of service connection for PTSD.
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