The Board has remanded the Veteran's claims for cervical spine condition and obstructive sleep apnea due to inconsistencies in medical opinions regarding the relationship between her service-connected conditions.
The deciding factor: The Board found that there were inconsistent interpretations of a December 1990 clinical note, which affected the credibility of the VA medical opinions used to deny secondary service connection for cervical spine condition and obstructive sleep apnea.
- Claimed conditions
- Cervical spine condition, Obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2022
- Citation
- 22067196
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 22067196.
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 gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for cervical spine condition and left shoulder condition due to a pre-decisional duty to assist error, as VA failed to provide the Veteran with VA examinations and medical opinions to assess the nature and etiology of his conditions.
- Granted
The Veteran's claim for service connection for a cervical spine condition was granted as new and relevant evidence has been received. The case is remanded to obtain additional medical records, provide a VA examination, and determine the etiology of the Veteran's cervical spine condition.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.