The Board has determined that the VA did not substantially comply with its previous remand instructions regarding obtaining missing service treatment records and scheduling VA medical opinions. The appeal is being returned to the AOJ for these actions.
The deciding factor: The Board found that the VA failed to attempt to obtain missing service treatment records from the Philadelphia VAMC, despite having specific contact information provided by the Veteran's Senator's office in May 2016. Additionally, the VA did not follow up on attempts to obtain private treatment records from Dr. R.H.
- Claimed conditions
- sleep apnea, right carpal tunnel syndrome, left carpal tunnel syndrome, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 14, 2022
- Citation
- 22052399
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 22052399.
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 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.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
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