The Board has remanded the case due to a previous decision being vacated because of an issue with the VA medical opinion regarding whether sleep apnea was aggravated by service-connected sinusitis. The case is now back at the Board for a new VA medical opinion on this question.
The deciding factor: The previous decision improperly relied on a VA medical opinion that did not address secondary aggravation, and thus requires a new opinion to determine if sleep apnea was aggravated by the service-connected sinusitis with rhinitis.
- Claimed conditions
- sleep apnea, right maxillary sinusitis with chronic rhinitis and headache (sinusitis with rhinitis)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2020
- Citation
- 20077339
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 20077339.
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 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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