The Veteran's sleep apnea began during active service and is granted.,The Veteran has a current acquired psychiatric disorder, to include anxiety, depression, PTSD, and alcohol use disorder related to his in-service stressor. A VA examination is needed to assess whether the Veteran meets the diagnostic criteria for these conditions.
The deciding factor: The Board found that the Veteran's sleep apnea began during active service based on his testimony of symptoms experienced during service and after discharge.,The medical evidence was insufficient to determine if the Veteran's acquired psychiatric disorder is related to in-service stressors, as a VA examination is needed.
- Claimed conditions
- Sleep Apnea, Acquired Psychiatric Disorder (Anxiety, Depression, PTSD, Alcohol Use Disorder), Bilateral Hearing Loss, Vertigo (Dizziness), Residuals of Rheumatic Fever, Chest Pain (Shortness of Breath), Chronic Fatigue Syndrome, Diabetes Mellitus, Hypertension, Liver Condition, Gout (Joint Pain Affecting Multiple Areas), Muscle Condition, Neck Condition, Back Condition, Left Shoulder Condition, Right Shoulder Condition, Left Wrist Carpal Tunnel Syndrome, Right Wrist Carpal Tunnel Syndrome, Left Knee Condition, Right Knee Condition, Left Ankle Condition, Right Ankle Condition, Bilateral Shin Splints (Periostitis), Bilateral Pes Planus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 4, 2024
- Citation
- 24000536
Veterans Law Judge
Decisions by this judge: 1,874 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000536.
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 Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
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