The Board has restored the Veteran's original 20 percent ratings for his service-connected left and right knee disabilities, as well as granted service connection for sleep apnea based on aggravation during his third period of active duty.
The deciding factor: The evidence showed that the Veteran had degenerative arthritis in both knees prior to service. The reduction in rating was improper due to the long duration of the ratings (more than five years). For the knee disabilities, there was no material improvement shown under ordinary life and work conditions. For sleep apnea, the pre-existing condition clearly and unmistakably existed before service and was not aggravated during service.
- Claimed conditions
- degenerative arthritis, status post arthroscopy, left knee, internal derangement of the right knee with atrophy of right thigh musculature, sleep apnea
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 11, 2009
- Citation
- 0947092
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 0947092.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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