The claim of entitlement to service connection for an acquired psychiatric disorder was reopened, but the claims for TDIU and sleep apnea were remanded due to insufficient evidence.
The deciding factor: Insufficient evidence regarding the Veteran's unemployability and the etiology of his sleep apnea. Additionally, a VA examination was not conducted for the acquired psychiatric disorder as required by the previous Board remand instructions.
- Claimed conditions
- Acquired psychiatric disorder, Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2024
- Citation
- 24033413
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted service connection for an acquired psychiatric disorder, finding a causal relationship between the condition and an in-service incident of military sexual trauma (MST).
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Remanded (sent back)
The Board has remanded the issue of entitlement to service connection for an acquired psychiatric disorder due to a pre-decisional duty to assist error.
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