The Board remands the claims for further development, including obtaining a medical opinion addressing whether the Veteran's sleep apnea is secondary to his service-connected back disability with obesity as an intermediate step and whether his left hip disability may be related to his service-connected lumbar spine disability.
The deciding factor: The AOJ failed to obtain necessary medical opinions regarding the theories of secondary service connection for sleep apnea and direct service connection for headaches, and there is new evidence suggesting a relationship between the Veteran's back disability and obesity as well as potential gait issues related to his left hip pain.
- Claimed conditions
- sleep apnea, left hip disability, headaches, bilateral hearing loss, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032871
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 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.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- 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).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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