The Board has remanded the case due to challenges raised by the Veteran regarding the qualifications of the VA examiners who provided opinions on sleep apnea. The AOJ is required to obtain and provide information about the credentials of these examiners.
The deciding factor: The Veteran challenged the competency of the VA examiners who provided medical opinions, shifting the burden to VA to establish their qualifications by providing information about those qualifications to the Veteran.
- Claimed conditions
- obstructive sleep apnea (OSA), lumbosacral sprain with intervertebral disc syndrome (IVDS), service-connected radiculopathy, service-connected gastroesophageal reflux disease (GERD), posttraumatic stress disorder (PTSD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2021
- Citation
- 21021278
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 21021278.
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.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.