The Board of Veterans' Appeals remands the claims for service connection for obstructive sleep apnea and a compensable disability rating for gastroesophageal reflux disease for further development.
The deciding factor: The Court found that additional evidence was needed to determine the etiology of the Veteran's sleep impairments and the severity of his GERD, including whether the Veteran has OSA or a co-existent sleep disability resulting in additional sleep impairment, and the ameliorative impacts of the Veteran's banding procedure on his GERD symptoms.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Gastroesophageal Reflux Disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2025
- Citation
- A25033993
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Granted
The Board granted a 10 percent evaluation for the Veteran's GERD, finding that his condition is productive of daily medications to control dysphagia and is otherwise asymptomatic.
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