The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea, increased ratings for left and right lower extremity radiculopathy, due to insufficient evidence in the record. The issues have been returned to the AOJ for further development.
The deciding factor: The VA examiner needs to provide an adequate opinion regarding the etiology of the Veteran's currently diagnosed obstructive sleep apnea, including whether it is at least as likely as not caused or aggravated by a service-connected disability, specifically bronchial asthma. The VA examiner also needs to clarify which specific nerve roots are involved in the Veteran's bilateral lower extremity radiculopathy.
- Claimed conditions
- obstructive sleep apnea, left lower extremity lumbar radiculopathy associated with lumbar degenerative disc disease and small disc herniation, right lower extremity lumbar radiculopathy associated with lumbar degenerative disc disease and small disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 20, 2021
- Citation
- 21023272
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 21023272.
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.
- 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.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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