The Veteran's claims for respiratory disability, sleep apnea, and residuals of a left big toe injury are being remanded due to incomplete development. The VA needs to obtain additional medical opinions regarding the relationship between these conditions and service-connected disabilities or other factors.
The deciding factor: Incomplete development in the claims file requires further examination and opinion to determine the validity of the Veteran's claims for respiratory disability, sleep apnea, and residuals of a left big toe injury.
- Claimed conditions
- Respiratory Disability, Service Connection for OSA, Residuals of a Left Big Toe Injury
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2023
- Citation
- 23007414
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 23007414.
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.
- Dismissed
The Veteran's claims for service connection for PTSD, STD residuals, a left knee disability, and a respiratory disability have been dismissed. The Board found no error in the determination of these decisions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for Obstructive Sleep Apnea and a Respiratory Disability due to inadequate opinions in the VA examinations. The AOJ is instructed to obtain addendum opinions from appropriate clinicians regarding the etiology of these conditions.
- Partly granted
The Board granted a 30 percent disability rating for IBS from May 19, 2024, and denied service connection for fibromyalgia, chronic fatigue syndrome, respiratory disorder, heart disability, and bilateral hearing loss.
- Partly granted
The Board granted a 10 percent rating for allergic rhinitis, denied an initial compensable rating for irritable bowel syndrome, and denied an initial rating in excess of 20 percent for right-hand tremors. The claims for service connection for sinusitis, respiratory disability, left-hand tremors, and chronic fatigue syndrome were remanded.
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