The Board remands the claims for service connection for obstructive sleep apnea and erectile dysfunction, as new and material evidence has been received to reopen the claim for obstructive sleep apnea.
The deciding factor: Further development is necessary to determine the etiology of the Veteran's obstructive sleep apnea and whether it was caused or aggravated by his service-connected PTSD. No VA examination was performed prior to the Veteran's death, triggering VA's duty to obtain a medical opinion.
- Claimed conditions
- Obstructive Sleep Apnea, Erectile Dysfunction
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 26, 2024
- Citation
- 24004196
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 denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Partly granted
The Board granted a 70 percent disability rating for PTSD with MDD, service connection for erectile dysfunction as secondary to the service-connected condition, and SMC based on the need for regular aid and attendance. However, it denied SMC based on housebound status.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
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