The Board has remanded the Veteran's claims for obstructive sleep apnea and a lumbar spine condition due to incomplete VA treatment records and inadequate etiological opinions. The AOJ is instructed to obtain all relevant VA treatment records, including those from South Texas VAHCS, and to provide an updated opinion regarding the etiology of the Veteran's conditions.
The deciding factor: The Board found that the evidence was insufficient to determine whether the Veteran's sleep apnea and lumbar spine condition were related to his active duty service due to incomplete records and inadequate opinions from the November 2019 examiner.
- Claimed conditions
- obstructive sleep apnea (sleep apnea), lumbar spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 20, 2021
- Citation
- 21030954
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 21030954.
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.
- Granted
The Board has granted the Veteran's claims for service connection for a left shoulder condition and a lumbar spine condition, finding that these conditions first manifested in service and are related to his military service.
- Granted
The Board has granted service connection for left shoulder condition, left knee condition, lumbar spine condition (as secondary to left knee condition), right knee condition (as secondary to left knee condition), posttraumatic stress disorder, and obstructive sleep apnea (secondary to service-connected disabilities with obesity as an intermediary step).,The Board found the evidence persuasive in favor of granting service connection for these conditions.
- Dismissed
The Board has dismissed the appeals for service connection of tinnitus, anxiety disorder, left hamstring tear, bilateral hearing loss, left knee condition, and lumbar spine condition due to improper concurrent election.
- Remanded (sent back)
The Board has remanded the cases of acute intermittent tension headaches and lumbar spine condition for further action due to errors in notice.
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