The Board remands the claims for service connection for an acquired psychiatric disorder, sleep apnea, and hearing loss to obtain a new VA examination and medical opinion, as well as to attempt to obtain private treatment records.
The deciding factor: The medical opinions of record are inadequate due to failure to consider lay statements of continuity of symptomology and the full medical record, and there is no evidence linking the Veteran's current conditions to his military service.
- Claimed conditions
- Major depressive disorder, Generalized anxiety disorder, Adjustment disorder, Panic disorder, Insomnia, Sleep apnea, Hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2024
- Citation
- 24002064
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of May 9, 2022, for the grant of service connection for posttraumatic stress disorder with generalized anxiety disorder, other specified depressive disorder, and alcohol use disorder.
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