The Veteran's appeal is remanded for further examination and evaluation of his right knee disability, as well as service connection for a herniated naval. The initial rating for chronic obstructive sleep apnea and bronchitis with calcified hilar lymph node remains denied.
The deciding factor: Further examination is needed to determine the severity of the Veteran's right knee disability and whether the x-ray finding 'depressed tibial plateau' constitutes a tibia impairment under VA regulations. Service connection for a herniated naval as secondary to service-connected bronchitis with calcified hilar lymph node remains pending.
- Claimed conditions
- Chronic obstructive sleep apnea, Right Knee Arthritis and Patellofemoral Syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2023
- Citation
- 23025634
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 23025634.
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 Veteran's appeal is being remanded for additional examinations and consideration of his claims for DDD of the lumbar spine, right shoulder spurring, and chronic obstructive sleep apnea.
- Denied
The Board found that the Veteran's positional obstructive sleep apnea was not incurred in or aggravated by service, and thus denied his claim for service connection.
- Denied
The Board found that chronic obstructive sleep apnea and restless leg syndrome did not have their onset during active military service and are not the result of exposure to chemical herbicides.
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