The Veteran's sleep apnea is denied as there is no evidence of an in-service event, injury or disease and the weight of the evidence is against a finding that his current condition is related to service.,The Veteran's low back condition, heart condition, diabetes mellitus, bilateral lower extremity diabetic neuropathy, and acquired psychiatric disorder (major depressive disorder) are remanded as there is insufficient evidence regarding their etiology.
The deciding factor: There is no evidence of an in-service event, injury or disease related to the Veteran's sleep apnea. The weight of the evidence is against a finding that his current condition is related to service.,The Veteran has provided competent lay testimony of back pain and heart conditions in service and since service. However, there are insufficient medical opinions regarding their etiology.
- Claimed conditions
- Obstructive Sleep Apnea, Low Back Condition, Heart Condition, Diabetes Mellitus, Bilateral Lower Extremity Diabetic Neuropathy, Acquired Psychiatric Disorder (Major Depressive Disorder)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2022
- Citation
- 22042866
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 22042866.
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 the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
- Granted
The Board has granted service connection for Obstructive Sleep Apnea, Neck Disability, and Bilateral Upper Extremity Radiculopathy. The decision is based on the Veteran's active service and medical evidence linking these conditions to his military service.
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