The Veteran's maxillary sinusitis claim is remanded due to the need for a more contemporaneous examination.,The Veteran's cervical spine disability, left shoulder disability, and right shoulder disability claims are remanded due to inadequate medical opinions provided by the VA examiner.,The Veteran's obstructive sleep apnea (OSA) claim is remanded due to insufficient evidence regarding its relationship to service-connected disabilities.,The Veteran's erectile dysfunction claim is remanded due to insufficient examination and opinion regarding its relationship to service-connected disabilities.,The Veteran's right hand disability and left hand disability claims are remanded for a VA examination addressing the nature of these conditions.
The deciding factor: The examinations provided were inadequate, with no consideration given to additional symptoms or evidence indicating worsening of the condition. The Veteran has reported multiple incapacitating episodes and flare-ups that should be reflected in his treatment records.,The examiner's opinions did not address whether service events (MVA, swimming accident) could have contributed to the development of the cervical spine disability, left shoulder disability, or right shoulder disability. Additionally, there was no consideration given to the Veteran's reports of neck pain since 2002 and his history of trapezius strain.,The evidence does not contain sufficient information regarding the relationship between the Veteran's OSA and service-connected disabilities. The Veteran has a diagnosis of OSA but lacks an examination or opinion addressing potential toxic exposure during service.,The Veteran reported symptoms of erectile dysfunction, including alcohol dependence due to PTSD. However, no examination was provided to assess the relationship between his service-connected psychiatric disorder and his current condition.,The examinations did not address the nature of the Veteran's right hand disability and left hand disability, including complaints of pain in the hands, wrists, and fingers.
- Claimed conditions
- maxillary sinusitis, cervical spine disability, left shoulder disability, right shoulder disability, obstructive sleep apnea (OSA), erectile dysfunction, right hand disability, left hand disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2024
- Citation
- 24001204
Veterans Law Judge
Decisions by this judge: 622 · Granted: 17% (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 24001204.
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 Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied the claims of service connection for cervical spine and skin rash disabilities, finding that there is no evidence linking these conditions to active military service.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.