The Board has reopened the Veteran's claim of service connection for sleep apnea and remanded the issues of increased evaluations for cervical spine degenerative disc disease with spondylosis and hemorrhoids with an anal fissure. The reduction in evaluation for cervical spine disability was found to be improper.
The deciding factor: The evidence received since the April 2004 rating decision raised a reasonable possibility of substantiating the Veteran's claim for service connection for sleep apnea, but did not establish improvement in his cervical spine disability that would justify reducing the evaluation from 20% to 10%. The hemorrhoids and cervical spine issues were remanded.
- Claimed conditions
- sleep apnea, chronic left knee disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2011
- Citation
- 1122643
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 1122643.
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.
- 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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