The Board remands the claims for service connection for various disabilities, including a right shoulder disability, left shoulder disability, low back disability, cervical spine disability, obstructive sleep apnea, right foot disability, left foot disability, and bilateral hearing loss, due to missing records from the Social Security Administration (SSA).
The deciding factor: The remand is necessary to obtain relevant SSA records that may contain information pertinent to the Veteran's claims.
- Claimed conditions
- right shoulder disability, left shoulder disability, low back disability, cervical spine disability, obstructive sleep apnea, right foot disability, left foot disability, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2024
- Citation
- 24032249
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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