The Board has determined that additional development is needed to decide the service connection claims for right knee disability and thoracolumbar spine disability. The Veteran's appeal of OSA remains remanded.,Service connection for obstructive sleep apnea (OSA) is being remanded due to a duty to assist error, specifically regarding an inadequate VA examination.
The deciding factor: The Board finds that the evidence does not support service connection for right knee disability and thoracolumbar spine disability. The Veteran's assertions of in-service injury are outweighed by the lack of contemporaneous medical records indicating such injuries.,Service connection for OSA is being remanded because the VA examiner did not provide an opinion addressing whether the Veteran's service-connected PTSD with TBI caused or aggravated his obesity, which is a substantial factor in causing or aggravating his OSA.
- Claimed conditions
- right knee disability, thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2024
- Citation
- A24084126
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 A24084126.
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 Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Remanded (sent back)
The Board has remanded the claims for shin splints, right knee disability, acquired psychiatric disorder (depression), stomach disability, and left ear hearing loss due to errors in providing notice of the right to a hearing.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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