The veteran's claim for service connection for sleep apnea was denied, while his claims for increased ratings for folliculitis of the face and post-operative residuals, tumor, buccal vestibule area of mental nerve in region of tooth #27 were granted.
The deciding factor: The decision was based on the lack of evidence supporting a current diagnosis of sleep apnea, whereas there was sufficient evidence to support an increased rating for folliculitis of the face and post-operative residuals, tumor, buccal vestibule area of mental nerve in region of tooth #27.
- Claimed conditions
- right knee injury, sleep apnea (to include as due to service-connected allergic rhinitis), left knee injury, lumbosacral strain, folliculitis of the face, post-operative residuals, tumor, buccal vestibule area of mental nerve in region of tooth #27
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 5, 2009
- Citation
- 0900159
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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