The Board has remanded the Veteran's claims for increased rating and service connection for lumbar spine degenerative arthritis and obstructive sleep apnea due to insufficient examination findings, lack of information regarding flare-ups, and need for additional medical records. The Veteran is also requested to provide private medical records related to his service-connected lumbar spine degenerative arthritis.
The deciding factor: The Board found that the June 2015 VA examination was insufficient and required a retrospective opinion on the current nature and severity of the Veteran's lumbar spine degenerative arthritis, as well as a new opinion regarding the etiology of the Veteran's obstructive sleep apnea. The need for additional medical records and information about flare-ups were also identified.
- Claimed conditions
- lumbar spine degenerative arthritis, obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 28, 2023
- Citation
- 23012280
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 23012280.
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 Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
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