The Board has reopened the Veteran's previously denied claims for service connection for sleep apnea, asthma, skin disorder, bowel disorder, cardiovascular disorder, chronic fatigue syndrome (CFS), and obstructive sleep apnea. The cases are remanded due to a lack of toxic exposure risk activity (TERA) memorandum.
The deciding factor: The Veteran's claim was previously denied due to the absence of new and material evidence within one year of the March 2016 rating decision, which is now reopened based on newly received evidence.
- Claimed conditions
- sleep apnea, asthma, skin disorder, bowel disorder, cardiovascular disorder, chronic fatigue syndrome (CFS), 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
- 24002601
Veterans Law Judge
Decisions by this judge: 916 · Granted: 40% (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 24002601.
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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
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