The Board remands the claims for an earlier effective date for hypertension, service connection for sleep apnea, a skin condition, degenerative disc disease, right and left lower extremity radiculopathy, a prostate condition, and a bladder condition to ensure that all relevant evidence is considered.
The deciding factor: The December 2023 VA examination and opinion for sleep apnea were inadequate due to reliance on an inconclusive sleep study and failure to address the Veteran's specific case. The November 2023 VA examination for skin conditions was also inadequate as it did not consider relevant treatment records.
- Claimed conditions
- hypertension, sleep apnea, skin condition, degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy, prostate condition, bladder condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022767
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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