The Board has determined that the Veteran's claims for service connection are denied, but some issues have been reopened due to new and material evidence. The decision is mixed as it grants some aspects of the claims while denying others.
The deciding factor: The claim for sleep apnea was not granted because there was no in-service event or disease noted, and no association with herbicide exposure. Other claims were denied based on lack of chronicity or clear intercurrent causes.
- Claimed conditions
- diabetes mellitus, type II, sleep apnea, left ear hearing loss, right ear hearing loss, sinusitis, otitis media, skin condition (claimed as skin tags and nevus), herniated nucleus pulpous with muscle spasm, respiratory condition (asthma)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 2, 2010
- Citation
- 1028773
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 1028773.
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 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.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- 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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