The Veteran's claim for service connection for sleep apnea has been denied as the evidence does not support a nexus between his current diagnosis and his military service.,The effective date for service connection for left lower extremity radiculopathy is being remanded due to lack of prior claims or documentation supporting entitlement before February 20, 2013.,The effective date for service connection for right lower extremity radiculopathy is being remanded as the evidence does not support a diagnosis until August 25, 2020.
The deciding factor: The medical evidence does not establish that the Veteran's current sleep apnea began during his military service or is related to any in-service injury or disease.,There was no prior claim for an increased rating for a back disability or lower extremity radiculopathy before February 20, 2013, and there is insufficient evidence to establish entitlement to the earlier effective date based on facts found.,The right lower extremity radiculopathy diagnosis did not occur until August 25, 2020, which is later than when the Veteran reported experiencing leg pain.
- Claimed conditions
- sleep apnea, left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2023
- Citation
- 23065102
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 23065102.
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.
- 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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