The Board has remanded several issues for further development and rating decisions, including service connection claims and initial ratings for various conditions. The Veteran's sleep apnea remains at a 50% rating due to the use of a CPAP machine but no evidence of respiratory failure or cor pulmonale. For thoracic muscle strain, the Veteran received a 20% rating based on limited range of motion. GERD and allergic rhinitis were granted initial ratings of 30% and 40%, respectively. Migraines are rated at 50% effective January 2, 2018. Service connection claims for hearing loss, chronic fatigue syndrome, fibromyalgia and arthralgias, sinusitis, TBI, vertigo and dizziness, memory loss and concentration, left knee disability, and right knee disability are all remanded.
The deciding factor: The Veteran's conditions were evaluated based on their current manifestations and the criteria for each condition under VA regulations. The Board found that further development was needed to determine if service connection could be established or initial ratings assigned appropriately.
- Claimed conditions
- sleep apnea, thoracic muscle strain, gastroesophageal reflux disease (GERD), allergic rhinitis, migraines
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2024
- Citation
- 24009902
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 24009902.
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 Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Granted
The Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- 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.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
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