The Veteran's initial claim for an increased rating for obstructive sleep apnea has been withdrawn. The Veteran is granted a 50% evaluation for migraine headaches prior to October 21, 2009.,The Veteran's lumbar spine disability and associated neurological disabilities are remanded for additional evaluation.
The deciding factor: The Veteran withdrew his claim for an increased rating for obstructive sleep apnea. The Veteran is granted a 50% evaluation for migraine headaches prior to October 21, 2009.,Additional evidence will be developed to address the remanded claims seeking increased ratings for lumbar spine and left lower extremity disabilities.
- Claimed conditions
- Obstructive Sleep Apnea, Migraine Headaches, Degenerative Disease of the Lumbar Spine with Mild Stenosis, Disc Space Narrowing, Neuropathy, and Radicular Symptoms, Guillain-Barre Syndrome (GBS), Polyneuritis of the Lower Left Extremity as a Residual of a Gunshot Wound
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2022
- Citation
- 22070261
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 22070261.
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 the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Board has granted service connection for obstructive sleep apnea and heart disability, including coronary artery disease, as these conditions are found to be proximately due to or the result of the Veteran's service-connected PTSD.
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