The Board remands the case for further development to obtain an adequate opinion on whether the Veteran's sleep apnea condition is aggravated by his service-connected sinusitis, deviated septum with rhinitis, and asthma.
The deciding factor: The February 2023 VA medical opinion was found inadequate as it did not address the issue of aggravation of the Veteran's sleep apnea condition by his service-connected conditions.
- Claimed conditions
- sleep apnea condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000484
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.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, cervical and thoracic spine disability, left upper extremity radiculopathy, lumbar spine condition, erectile dysfunction, and special monthly compensation based on loss of use to allow the AOJ to correct duty-to-assist errors.
- Denied
The Board denied the Veteran's claim for service connection for a sleep apnea condition, to include as secondary to service-connected headaches, due to a lack of evidence supporting a current diagnosis.
- Partly granted
The Board granted service connection for acne, to include as secondary to a service-connected psychiatric disorder, and dismissed the appeals for lipoma, migraine headaches, and sleep apnea condition. The claim for a neck and cervical spine condition was remanded.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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