The Board has determined that additional development is needed to determine if the Veteran's right ankle disability and obstructive sleep apnea disability are related to his military service. The claims will be remanded for further examination and opinion.
The deciding factor: The VA examinations provided were inadequate as they did not consider the Veteran's lay statements regarding his symptoms, or the updated period of active duty service which may affect the etiology of his disabilities.
- Claimed conditions
- Right Ankle Disability, Obstructive Sleep Apnea (OSA) Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2022
- Citation
- 22005542
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 22005542.
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 service connection for right and left ankle disabilities, as well as denied service connection for bilateral hearing loss. The Veteran's claims for other conditions are remanded due to a pre-decisional duty to assist error.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Denied
The Veteran's claim for service connection for GAD is denied as his anxiety symptoms are subsumed under PTSD.,Service connection for Right Shoulder Strain and Left Ankle Disability is denied due to lack of current diagnosis or evidence of functional impairment.
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