The Board reopened the claim for service connection for a lumbar spine condition due to new and material evidence, but remanded both the lumbar spine and obstructive sleep apnea claims for further development of medical evidence.
The deciding factor: The October 2018 VA examinations were found inadequate as they did not address whether the Veteran's current conditions were proximately caused or aggravated by his service-connected cervical spine disability, nor did they provide a clear connection to in-service events.
- Claimed conditions
- lumbar spine condition, obstructive sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002496
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Partly granted
The Board granted service connection for tinnitus, resolving reasonable doubt in the Veteran's favor. The claims for a cervical spine condition and lumbar spine condition were remanded for further development.
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