The Board has vacated its September 2020 decision and remanded several issues related to the Veteran's respiratory, sleep apnea, heart failure, implantable defibrillator, hypertension, esophageal condition, diabetes mellitus type II, and psychiatric disorders. The issues are now in a state of pending status.
The deciding factor: The Board found that pertinent evidence was not considered due to its non-association with the claims file at the time of the September 2020 decision.
- Claimed conditions
- respiratory disability, obstructive sleep apnea, congestive heart failure, implantable cardioverter defibrillator due to non-ischemic cardiomyopathy, hypertension, esophageal condition, diabetes mellitus, type II, acquired psychiatric disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2023
- Citation
- 23041715
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 23041715.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- 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.
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