The Board has remanded the issue of whether the Veteran's sleep apnea is related to his service-connected disabilities, specifically his foot and spine conditions. The case will be reviewed by a medical professional who will provide an opinion on whether it is at least as likely as not that the Veteran's obesity, caused or aggravated by his service-connected disabilities, contributed to his sleep apnea.
The deciding factor: The Board found that the question of whether service connection may be granted on a secondary basis with obesity as an 'intermediate step' has been raised by the record and must be addressed by a medical professional.
- Claimed conditions
- sleep apnea, bilateral pes planus with degenerative joint disease of the first metatarsophalangeal joints and hallux valgus deformity of the right great toe, levoscoliosis with compensatory dextroscoliosis and degenerative disc disease of the thoracic spine, right and left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2021
- Citation
- 21003604
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 21003604.
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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