The Board has found that the Veteran's period of service from November 16, 2004 to September 1, 2009 is honorable. The Veteran’s claims for service connection are now remanded to determine if these conditions are related to his honorable service.
The deciding factor: The character of discharge for the Veteran's second period of service was dishonorable due to conviction of three felonies involving moral turpitude, and he has not alleged insanity at the time of misconduct. However, his first period of service is honorable.
- Claimed conditions
- right shoulder bursitis, left wrist pain, left knee disorder, left ankle pain, fractured rib, refractive eye surgery, sleep apnea, hypertension, cholecystectomy, acquired psychiatric disorder (PTSD and depression), extraction of four wisdom teeth
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2019
- Citation
- 19102995
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.