The Board has remanded the case for further development and examination, including a VA mental health examination to address the Veteran's claims for service connection for an acquired psychiatric condition, higher initial rating for bronchial asthma, earlier effective date for obstructive sleep apnea, and whether ratings for both conditions should be combined.
The deciding factor: The Board found that no opinion was provided regarding whether the Veteran's current mental health diagnoses are related to service or secondary to his service-connected asthma. The Board also noted that the RO did not address the initial rating for bronchial asthma, the effective date for obstructive sleep apnea, and whether the ratings should be combined in their previous decisions.
- Claimed conditions
- Acquired psychiatric condition, to include unspecified depressive disorder or posttraumatic stress disorder (PTSD), Bronchial asthma, Obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 22, 2023
- Citation
- 23010875
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 23010875.
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 for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Granted
The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea has been granted, with the effective date set at June 25, 2019.
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