The Board has found that the development conducted does not comply with prior remand directives and has therefore ordered additional examinations and opinions to address issues related to sleep apnea and degenerative joint disease of the lumbar spine.
The deciding factor: The Board finds that the current evidence is insufficient to determine whether the Veteran's weight gain, service-connected disabilities, or physical activity are responsible for his sleep apnea. Additionally, there is a lack of retrospective medical opinions regarding the level of severity of the Veteran's lumbar spine DJD prior to September 9, 2020.
- Claimed conditions
- sleep apnea, degenerative joint disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2023
- Citation
- 23065547
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 23065547.
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.
- Denied
The Board denied the Veteran's claims for service connection for bilateral hearing loss and an initial disability rating in excess of 20 percent prior to March 2, 2017, and in excess of 40 percent thereafter for degenerative joint disease (DJD) of the lumbar spine. The evidence did not establish a nexus between current hearing loss or DJD of the lumbar spine and service.
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