The Board has remanded the case due to an inadequate medical opinion in the August 2019 decision, which denied service connection for sleep disturbances as secondary to service-connected sinusitis and rhinitis. The Court found that the January 2016 VA examiner's opinion was insufficient.
The deciding factor: The Board relied on an inadequate medical opinion from a January 2016 VA examiner who did not explain what the diagnostic criteria for obstructive sleep apnea (OSA) are and whether the Veteran displayed any of the criteria during his active service based on lay and buddy statements.
- Claimed conditions
- sleep disturbances
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2021
- Citation
- 21075626
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 21075626.
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 has denied the Veteran's claims for service connection for lumbar spine, left knee, right knee, right wrist, headaches, and sleep disturbances as there is no persuasive evidence of current disabilities during the appeal period.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including sinusitis, right and left upper extremity radiculopathy, sleep disturbances, a right knee disability, osteoarthritis of the lumbar spine, allergic rhinitis, and patellofemoral syndrome with degenerative arthritis in the left knee. The Board found that there was insufficient evidence to support these claims.
- Dismissed
The Board has dismissed the appeals for all issues related to service connection and rating decisions from February 2017, May 2019, and November 2019 due to untimely Notice of Disagreement filings.
- Remanded (sent back)
The Veteran's motion to revise June 2009 and July 2012 rating decisions that denied service connection for sleep disturbances, on the grounds of clear and unmistakable error (CUE), is remanded. The AOJ must adjudicate whether a claim of service connection for sleep apnea was reasonably raised at the time of the June 2009 and July 2012 rating decisions.
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