The Veteran's claim for service connection for a back disability has been reopened, but the Board finds that new and material evidence does not establish an in-service injury or disease. The current knee condition is also not related to service.,Service connection for a bilateral knee disability cannot be established as there is no credible evidence of an in-service injury or event leading to current symptoms.,The Veteran's claim for high blood pressure, diabetes mellitus, and heart disease are remanded due to the need to determine if he served within 12 nautical miles from Vietnam shores during his service aboard USS Okinawa. The claims for sleep apnea and an acquired psychiatric disorder (likely depression) also require additional development.,Service connection for a respiratory disorder is remanded as the Veteran needs to confirm his report of exposure to burning feces in service.,The Veteran's bilateral foot disability claim requires further examination to determine if it is related to service.
The deciding factor: There is no credible evidence linking current back or knee conditions to service. The Veteran's statements about pain during service are inconsistent and not supported by contemporaneous medical records.,Service connection for a bilateral knee disability cannot be established as there is no credible evidence of an in-service injury or event leading to current symptoms.,The need to determine if the Veteran served within 12 nautical miles from Vietnam shores, which could establish herbicide exposure and presumptive service connection. The claims for sleep apnea and depression require additional medical records to confirm the nature and etiology of these conditions.,Service connection for a respiratory disorder requires confirmation of the Veteran's report of exposure to burning feces in service.,The need for further examination to determine if current bilateral foot condition is related to service.
- Claimed conditions
- Back disability, Bilateral knee disability, High blood pressure, Diabetes mellitus, Heart disease, Respiratory disorder, Bilateral foot disability, Obstructive sleep apnea, Acquired psychiatric disorder (likely depression)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2022
- Citation
- 22029334
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 22029334.
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 of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Dismissed
The appeal for service connection for a right ear hearing loss disability is dismissed. The appeal for service connection for bilateral knee disabilities is denied.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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