The Board has reopened the claim of service connection for sleep apnea. The issues of earlier effective date for erectile dysfunction, restoration of a higher disability rating for PTSD with alcohol use disorder and residuals of TBI, separate compensable disability rating for residuals of TBI after August 4, 2021, initial compensable rating for migraines associated with TBI prior to July 21, 2021, initial compensable rating for migraines associated with TBI since July 21, 2021, and a compensable disability rating for left ear hearing loss are all remanded.
The deciding factor: The evidence received since the August 2018 Board decision is new and material, raising a reasonable possibility of substantiating the claim of service connection for sleep apnea. The Veteran did not present an intent to file a claim prior to April 3, 2017, in conjunction with his formal claim for erectile dysfunction.
- Claimed conditions
- sleep apnea, erectile dysfunction, chronic maxillary sinusitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2022
- Citation
- 22044981
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 22044981.
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.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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