The Board has determined that the Veteran's claims for service connection for pneumonia, sleep apnea, bilateral knee condition, and left elbow condition are remanded due to the need for further development regarding potential exposure-based service connection.
The deciding factor: The PACT Act requires VA to provide a disability examination and medical nexus opinion when a Veteran submits a compensation claim and has evidence of a disability and participation in a toxic exposure risk activity (TERA), but the evidence is not sufficient to establish service connection for the disability. The claims file contains evidence indicating potential TERA involvement, necessitating further development.
- Claimed conditions
- pneumonia, sleep apnea, bilateral knee condition, left elbow condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- A24070378
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24070378.
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.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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