The Board has decided to remand the Veteran's claims for service connection for DDD and DJD of the thoracolumbar spine, as well as OSA. The VA will obtain any outstanding VA treatment records from Montgomery VAMC beginning January 1, 2011, and provide the Veteran with a new VA examination to address the etiology of his thoracolumbar spine disorders and OSA.
The deciding factor: The Board found that there were duty-to-assist errors in obtaining all outstanding VA treatment records prior to August 2012 and providing an adequate VA examination for both thoracolumbar spine disorders and OSA.
- Claimed conditions
- Degenerative disc disease (DDD) and degenerative joint disease (DJD) of the thoracolumbar spine, Obstructive sleep apnea (OSA)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 22, 2024
- Citation
- A24013654
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. Read the original VA decision (opens in a new tab) using citation A24013654.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.
- Partly granted
The Veteran's 100% rating for hemorrhagic stroke is granted effective March 19, 2021. OSA and periodic limb movement syndrome are denied service connection. Pituitary mass remains under review.
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