The Board has found that the agency of original jurisdiction (AOJ) did not substantially comply with prior remand directives and has ordered further development for an opinion on the etiology of the Veteran's sleep apnea.
The deciding factor: The AOJ failed to provide an opinion concerning the etiological relationship between the Veteran's obstructive sleep apnea and his service-connected right ear hearing loss, and did not consider the lay statements from the Veteran and fellow servicemember as required by the March 2022 remand.
- Claimed conditions
- obstructive sleep apnea, right knee degenerative arthritis, spine lumbosacral strain, intervertebral disc syndrome (IVDS), radiculopathy of the right and left lower extremities, right ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2023
- Citation
- 23020075
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 23020075.
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 the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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