The Board remands the issues of service connection for a sleep disorder, to include sleep apnea, and initial evaluations in excess of 10 percent or compensable for various orthopedic conditions due to insufficient evidence.
The deciding factor: The VA medical opinions were found inadequate as they relied on an absence of contemporaneous evidence without considering other factors such as lay statements and the possibility of secondary service connection through obesity as an intermediate step.
- Claimed conditions
- sleep disorder, to include sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000068
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.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Remanded (sent back)
The Board remands the issues of service connection for a sleep disorder and entitlement to a rating in excess of 30 percent for chronic obstipation (constipation) for further development.
- Denied
The Board denied service connection for an acquired psychiatric disorder, a sleep disorder, and hypertension. The claim for a rating in excess of 50 percent for bilateral hearing loss was remanded.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
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