The Board has remanded the service connection appeals for additional development to obtain opinions regarding the Veteran's diagnosed conditions and their relationship to his in-service injuries.
The deciding factor: The VA examiner(s) must address whether each diagnosed disorder is at least as likely as not (50 percent probability or more) related to a period of active duty service, was caused by service, or is otherwise related to service.
- Claimed conditions
- Right foot injury status post partial stress fracture of 3rd metatarsal, well-healed, Obstructive sleep apnea, Left foot disorder, Left knee disorder, Left hip disorder, Right hip disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2021
- Citation
- 21024178
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 21024178.
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 claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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