The Board has decided to remand the Veteran's claims for service connection for OSA, right shoulder disorder, CFS, and migraines due to a lack of VA examinations addressing the etiology of these conditions. The AOJ is required to provide clarifying medical opinions on remand.
The deciding factor: The decision was based on insufficient evidence regarding the etiology of the Veteran's claimed disabilities, particularly his OSA, right shoulder disorder, CFS, and migraines.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Right Shoulder Disorder, Chronic Fatigue Syndrome (CFS), Migraines
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2023
- Citation
- A23029061
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 A23029061.
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 initial evaluation for tension headaches to include migraines is granted, with a rating of 50 percent effective from May 23, 2023.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Board has determined that the claims for service connection for OSA and insomnia must be remanded due to inadequate VA examinations and opinions, as well as a failure to obtain TERA opinions on all relevant exposures.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) and a separate rating for chronic pulmonary embolism due to inadequate VA examinations.
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