The Veteran's appeal for higher initial ratings on several conditions was dismissed. The right arm furuncle received a 10% rating, and the obstructive sleep apnea remains at 50%. The Veteran’s TDIU claim is remanded.
The deciding factor: The evidence did not support granting higher ratings or secondary service connection for the daytime breathing problems as there was no separate diagnosis related to his sleep apnea. The Veteran's unemployability due to service-connected disabilities was found based on his psychiatric conditions and inability to work in enclosed spaces.
- Claimed conditions
- GERD, esophagitis, right arm furuncle, obstructive sleep apnea, PTSD and depressive disorder, lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 9, 2021
- Citation
- 21013335
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 21013335.
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 obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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