The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment during the period from December 28, 2009 to September 30, 2011.
The deciding factor: The VA examiner found that the Veteran's service-connected disabilities did not impair his ability to do any physical or sedentary activities, except for lifting/carrying/pushing/pulling/and reaching overhead. The Veteran was capable of performing the acts required in obtaining and maintaining a substantially gainful occupation.
- Claimed conditions
- sleep apnea, diabetes mellitus, type II with erectile dysfunction, right shoulder arthritis with subacromial bursitis, left shoulder arthritis with status post rotator cuff repair, left knee patellofemoral syndrome with patella tendonitis, right ankle achilles calcaneal tendonitis, thoracolumbar spine degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 19, 2017
- Citation
- 1728309
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. Read the original VA decision (opens in a new tab) using citation 1728309.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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