The Board has determined that a remand is necessary for further development of the Veteran's claims, including obtaining medical opinions regarding the relationship between his service-connected conditions and any newly diagnosed conditions.
The deciding factor: The Board found that the current opinions were not sufficient to make a clear determination on the issues of service connection for OSA and polycythemia, as they did not adequately address the Veteran's statements about sleep disturbances worsening after being diagnosed with kidney cancer due to stress and worry.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Polycythemia, Left Clavicle Disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2022
- Citation
- 22068226
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 22068226.
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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Granted
The Veteran's service-connected disabilities, including PTSD and a left clavicle disability, render him unable to obtain or maintain substantially gainful employment. The Board finds in favor of the Veteran for a TDIU prior to May 8, 2024.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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