The Board has determined that the Veteran's claims for service connection are remanded due to errors in obtaining and verifying all periods of active duty, including ACDUTRA. The Veteran is not entitled to service connection for his claimed disabilities as they do not appear to be related to any period of ACDUTRA.
The deciding factor: The Board found that the Veteran's STRs did not contain sufficient evidence to determine whether his current disabilities were incurred or aggravated during a period of ACDUTRA, and thus remanded for further development.
- Claimed conditions
- Right upper extremity neurological disability, Left upper extremity neurological disability, Obstructive sleep apnea (OSA), Insomnia, Inner ear disability manifested by dizziness, to include as secondary to the service-connected tinnitus, Right hip disability, to include iliotibial band syndrome, Left hip disability, to include iliotibial band syndrome, Right foot disability, to include pes planus and plantar fasciitis, Left foot disability, to include pes planus and plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 15, 2022
- Citation
- A22025459
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 A22025459.
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 gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.
- Remanded (sent back)
The Board has remanded the case due to an inadequate opinion regarding the relationship between any current acquired psychiatric disorder and service, specifically a claimed in-service personal assault. The Veteran's contentions are that he did not report or seek treatment for this assault because he feared it would complicate his discharge.
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