The Veteran's claims for service connection for obstructive sleep apnea and chronic myelogenous leukemia are remanded due to inadequate examination reports. The right foot and hamstring disability issues require additional VA examinations to assess the severity of symptoms and determine if they are related to service-connected conditions or toxic exposure.,The Veteran's initial rating claims for his right foot and hamstring disabilities need further development, including obtaining private treatment records and scheduling VA examinations to evaluate the current severity of these conditions.
The deciding factor: The Board found that the previous examination reports were inadequate due to insufficient consideration of the Veteran's lay statements regarding in-service exposure to toxic fumes. The claims for service connection require additional medical opinions addressing the synergistic effects of all potential exposures during active service.,The right foot and hamstring disability issues need further development as there are outstanding private treatment records that have not been associated with the claims file, and VA examinations are required to assess current symptomatology and determine if they are related to service-connected conditions or toxic exposure.
- Claimed conditions
- obstructive sleep apnea (OSA), chronic myelogenous leukemia (CML), right foot strain associated with chronic right hamstring strain with history of tear, right hamstring disability with limitation of adduction, right hamstring disability with limitation of extension, right hamstring disability with limitation of flexion
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2024
- Citation
- 24015883
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 24015883.
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 OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
- Dismissed
The Board dismissed the appeals regarding service connection for obstructive sleep apnea and gastroesophageal reflux disease due to lack of evidence linking these conditions to service.
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