The Board allowed the claims for service connection for fatigue and sleep apnea (previously denied) as new and material evidence was received. The other claims were remanded for further development.
The deciding factor: The decision was based on the receipt of new and material evidence that supported the elements missing from the previous denial, specifically current diagnoses.
- Claimed conditions
- Fatigue, Sleep apnea (now claimed as sleep disorder)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001602
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 service connection for insomnia, fatigue, gallstones, varicose veins, anemia, colitis, and PTSD due to a lack of evidence supporting the claims.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected right and left knee disabilities, granted a 20% rating for each, and denied an increased rating for degenerative disc disease of the spine. The Board also denied increased ratings for generalized anxiety disorder and service connection for posttraumatic stress disorder, bruxism, headaches, irritable bowel syndrome, fatigue, and sleep disorder.
- Dismissed
The appeal for service connection for hypertension is dismissed as the claim has been fully granted. The claims for bilateral hearing loss, back disability, fatigue, and acquired psychiatric disability are remanded for further development.
- Denied
The Board denied service connection for fatigue, gastrointestinal disability (IBS), skin disability of legs, feet, and scalp, left lower extremity restless leg syndrome, right lower extremity restless leg syndrome, and tinnitus. The Board granted a 10 percent evaluation for the left wrist avulsion fracture.
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