The Board has determined that the Veteran's claims of clear and unmistakable error in various rating decisions are mixed, with some issues being granted and others denied. The Veteran is seeking service connection for a variety of conditions including flatfeet/pes planus, neck muscle strain, wrist disorders, arthritis, cervical spine disorder, carpal tunnel syndrome, peripheral vascular disease, asthma, rhinitis, sleep apnea, conjunctivitis, hyperlipidemia, and sinusitis.
The deciding factor: The Board found that some of the rating decisions were clearly erroneous in failing to grant service connection for certain conditions or provide appropriate evaluations, while others were not clearly erroneous as new evidence did not reopen previously denied claims.
- Claimed conditions
- bilateral flatfeet/pes planus, neck muscle strain, right wrist disorder, left wrist disorder, arthritis of bilateral elbows, cervical spine disorder (degenerative disc disease), right carpal tunnel syndrome (CTS), left carpal tunnel syndrome, peripheral vascular disease, asthma and chronic obstructive pulmonary disease (COPD), chronic non-allergic rhinitis, sleep apnea, recurrent allergic conjunctivitis, hyperlipidemia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 26, 2011
- Citation
- 1135987
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 1135987.
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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