The Board has determined that the Veteran's appeal should be re-docketed under the Legacy system and his February 2019 VA Form 10182 is accepted as a timely NOD for the issues on appeal. The Veteran will receive an SOC to address these issues, allowing him to perfect his appeal by filing a VA Form 9.
The deciding factor: The Board found procedural error in recognizing the Veteran's February 2019 VA Form 10182 and placed his appeal on the AMA Hearing Docket. The Veteran did not choose to opt-in to AMA, so the appeal should have remained in the Legacy system.
- Claimed conditions
- sleep apnea syndrome, ischemic heart disease (IHD)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 23, 2022
- Citation
- 22036182
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 22036182.
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 service connection for sleep apnea syndrome, frequent falls and unbalance, headaches, right shoulder disability, back disability, left hip disability, and left knee disability. The evidence did not support a finding that these conditions began during service or were linked to service.,VA examinations and etiology opinions found no link between the Veteran's current diagnoses of sleep apnea syndrome and frequent falls and unbalance with his military service.
- Granted
The Board has granted the Veteran's claim for service connection for sleep apnea syndrome, finding that new and relevant evidence supports this determination. The Veteran's current diagnosis of sleep apnea is linked to his active duty service.
- Granted
The Veteran's migraines and sleep apnea syndrome are currently rated at the maximum schedular disability rating of 50 percent.,An earlier effective date of March 18, 2020, is granted for the grant of service connection for migraines.
- Remanded (sent back)
The Veteran's claims for increased ratings for service-connected ischemic heart disease (IHD) and coronary artery disease (CAD) are being remanded due to the need for additional development, including obtaining updated medical opinions and ensuring competency of previous examiners.
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