The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted service connection for hemorrhoids, but not for hearing loss in the right ear or skin condition.
The deciding factor: The evidence did not show that the Veteran’s sleep apnea caused chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor did it demonstrate a tracheostomy requirement. The Veteran's hearing loss was rated at Level II and deemed noncompensable. Service connection for hemorrhoids was granted based on continuity of symptomatology since service. Hematuria was not shown to be present currently. Hearing loss in the right ear and skin condition were withdrawn by the Veteran.
- Claimed conditions
- sleep apnea, chronic lower back pain/strain, left shoulder condition, varicocele or testicular mass, hemorrhoids, hearing loss in the left ear, hearing loss in the right ear, skin condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 5, 2009
- Citation
- 0921126
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0921126.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
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