The Board remands the claims for service connection for lumbar strain, allergic rhinitis, sinusitis, and obstructive sleep apnea due to a need for additional evidence through VA examinations.
The deciding factor: Remand is necessary as VA did not comply with its duty to assist by providing VA examinations that address the Veteran's lay contentions or the aggravation prong of secondary service connection.
- Claimed conditions
- lumbar strain, allergic rhinitis, sinusitis, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072492
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.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- 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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.