The Board has remanded the case due to insufficient examination regarding whether the Veteran's service-connected disabilities aggravated his obesity, which is an intermediate step for determining service connection for obstructive sleep apnea.
The deciding factor: The examiner did not adequately address whether the Veteran’s service-connected disabilities aggravated his obesity, as required by a recent court decision in Walsh v. Wilkie (2020).
- Claimed conditions
- obesity, right shoulder disability, lumbar spine disability, cervical spine disability, left knee disability, bilateral lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075107
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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