The Board has withdrawn the Veteran's appeals for service connection for sleep apnea, obstructive airway disease (claimed as respiratory disorder), and earlier effective dates for PTSD, radiculopathy of the left lower extremity, degenerative arthritis of the lumbar spine with IVDS, and benefits under 38 U.S.C. Chapter 35 for Dependents Education Assistance. The Board has also referred the Veteran's appeal for an earlier effective date for a TDIU to VA's Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran withdrew his appeals for these issues, and the Board has referred the issue of entitlement to an earlier effective date for a total disability rating due to individual unemployability (TDIU) to VA's Director of Compensation Service for extraschedular consideration.
- Claimed conditions
- sleep apnea, obstructive airway disease (claimed as respiratory disorder), congestive heart failure, to include supraventricular tachycardia, cardiomyopathy, and Wolff-Parkinson-White syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 17, 2022
- Citation
- 22057972
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 22057972.
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.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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