The Board has remanded the Veteran's claims for headaches, obstructive sleep apnea (OSA), degenerative arthritis of the thoracolumbar spine, nerve disability, and acquired psychiatric disability, including PTSD. The AOJ must review all new evidence added to the file since the January 2021 Supplemental Statement of the Case.
The deciding factor: The Veteran provided a waiver for the automatic review of additional VA-generated evidence by the AOJ, but requested that his case be remanded for such review.
- Claimed conditions
- headaches, obstructive sleep apnea (OSA), degenerative arthritis of the thoracolumbar spine, nerve disability, acquired psychiatric disability, including posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2021
- Citation
- 21071852
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 21071852.
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
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