The Board has determined that another remand is required for the claims of service connection for sleep apnea and a cardiac disability, to include hypertrophic cardiomyopathy. The Veteran's statements regarding his symptoms in service and the presence of right axis deviation during service are considered. A new opinion is needed from an examiner to address the etiology of the Veteran's sleep apnea and whether it was proximately due or aggravated by his service-connected deviated nasal septum, as well as its relation to obesity caused by his service-connected spine and lower extremity disabilities. The claim for service connection for hypertrophic cardiomyopathy is also remanded for a new opinion addressing its relationship to right axis deviation noted during service.
The deciding factor: The Board found that the previous opinions were based on inaccurate factual premises, including reliance on an outdated separation examination report and statements regarding unreported sleep issues at separation. The Veteran's symptoms in service and findings from ECGs are considered relevant for determining the etiology of his conditions.
- Claimed conditions
- sleep apnea, hypertrophic cardiomyopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2021
- Citation
- 21065052
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 21065052.
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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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