The Board has determined that there was not substantial compliance with its December 2022 remand directives and thus the claims for thoracolumbar spondylosis, onychomycosis (claimed as toe fungus), xeroderma of the bilateral feet, obstructive sleep apnea (OSA), hypertension, and migraines are being returned to the RO for further development.
The deciding factor: The Board found that there was not substantial compliance with its December 2022 remand directives regarding obtaining relevant VA treatment records, scheduling VA examinations, and providing VA medical opinions.
- Claimed conditions
- thoracolumbar spondylosis, onychomycosis (claimed as toe fungus), xeroderma of the bilateral feet, obstructive sleep apnea (OSA), hypertension, migraines
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026364
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 23026364.
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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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