The Board has reopened the previously denied claims of service connection for sleep apnea and residuals of a fracture of the third metatarsal of the left foot. The claim for service connection for a left foot disability is granted, but the evidence is in relative equipoise as to whether the appellant's current left foot disability was incurred in or is otherwise causally related to his active service.
The deciding factor: The Board found that new and material evidence had been received to reopen the previously denied claims of sleep apnea and residuals of a fracture of the third metatarsal of the left foot. The claim for a left foot disability was granted due to the appellant's competent reports of continuing symptoms since his 1987 injury, but the Board found the evidence insufficient to establish service connection.
- Claimed conditions
- sleep apnea, residuals of a fracture of the third metatarsal of the left foot, left foot disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2021
- Citation
- 21005008
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 21005008.
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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