The Veteran's claims for increased ratings and service connection were denied. The claim for sleep apnea with CPAP was not reopened, while the right foot hallux valgus and residual scar conditions received a 10% rating.
The deciding factor: New evidence did not meet the criteria to reopen the claim of service connection for sleep apnea with CPAP due to lack of nexus. The Veteran's right foot hallux valgus and associated scars were rated based on their current severity, which was found adequate by the assigned 10% rating.
- Claimed conditions
- sleep apnea, right foot hallux valgus with bunion and arthrosis, status post Austin bunionectomy and MTP implant arthroplasty, residual scar, right big toe associated with right foot hallux valgus with bunion and arthrosis, status post Austin bunionectomy and MTP implant arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 1, 2019
- Citation
- 19114961
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19114961.
What this means for you
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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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