The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for bilateral flat feet, but not for a low back disorder. The veteran's myofascial pain syndrome is related to his active duty service, while sleep apnea, GERD, and memory loss are not.
The deciding factor: The Board found that the evidence presented was significant enough to reopen the claim for bilateral flat feet, as it directly addressed the specific matter under consideration. However, the evidence did not establish a link between the low back disorder and service, sleep apnea with a service-connected disability, GERD, or memory loss.
- Claimed conditions
- bilateral flat feet, low back disorder (claimed as sciatica), myofascial pain syndrome, to include as secondary to service-connected cervical spine disability, sleep apnea, to include as secondary to service-connected cervical spine disability, gastroesophageal acid reflux disease (GERD), memory loss, to include as due to an undiagnosed illness
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2009
- Citation
- 0902205
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.
- 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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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