The Board has remanded the claims for service connection for various conditions due to inadequate VA opinions and potential duty-to-assist errors. The Veteran's claim for hepatosplenomegaly is denied as there is no evidence of this condition during or near the pendency of his appeal.
The deciding factor: The VA examination did not provide a clear opinion regarding the presence of hepatosplenomegaly, nor did it address if any current lumbar spine, osteoarthritis, narcolepsy, cervical stenosis, right hip, left and right arm rotator cuff tear, sleep apnea, right hand carpal tunnel syndrome, or residuals of colectomy disabilities are related to service.
- Claimed conditions
- Hepatosplenomegaly, Degenerative disc changes of the lumbar spine, Unspecified osteoarthritis, Narcolepsy, Cervical stenosis, Right hip arthroplasty, Rotator cuff tear, left arm, Rotator cuff tear, right arm, Sleep apnea, Right hand carpal tunnel syndrome, Residuals of colectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2024
- Citation
- A24061395
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 A24061395.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
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