The Board has decided to remand the claims for service connection for headaches, a lung condition including asthma, and sleep apnea due to missing VA treatment records and the need for a toxic exposure risk activity (TERA) report. The Veteran's military personnel records indicate he worked as an auto weapons crewman, gunner, and cannoneer with an artillery battery and as a heavy truck driver during his active service.
The deciding factor: The Board found that there was a duty-to-assist error due to missing VA treatment records and the need for a toxic exposure risk activity (TERA) report. The Veteran's military personnel records indicate he worked in various roles, including as an auto weapons crewman, gunner, and cannoneer with an artillery battery and as a heavy truck driver.
- Claimed conditions
- headaches, lung condition (including asthma), sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2023
- Citation
- A23030666
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 A23030666.
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 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 case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
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