The Board remands the issues of service connection for residuals of traumatic brain injury, obstructive sleep apnea, and right ankle disability, as well as higher initial ratings for right hip strain and left hip strain, to the agency of original jurisdiction for further development.
The deciding factor: A remand is required due to new evidence added to the record by VA that was not previously considered by the agency of original jurisdiction.
- Claimed conditions
- residuals of traumatic brain injury (TBI), obstructive sleep apnea, right ankle disability, right hip strain, left hip strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- 24031998
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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