The Veteran's claim for service connection for sleep apnea was reopened and granted.,The reduction in the disability rating from 20 percent to 10 percent for the Veteran’s service-connected left knee partial meniscectomy is granted, effective February 1, 2010. However, the propriety of this reduction remains under review as a separate issue.,Ratings in excess of 10 percent are granted for the Veteran's right knee residuals of partial anterior cruciate ligament deficiency and meniscus tear, and his right knee DJD.
The deciding factor: New evidence was received that raised a reasonable possibility of substantiating the claim of entitlement to service connection for sleep apnea.,The reduction in disability rating from 20 percent to 10 percent for the Veteran’s service-connected left knee partial meniscectomy is proper as it did not reduce overall compensation and there was no reduction in overall compensation due to the increase in other ratings.,Higher ratings are warranted based on the severity of the Veteran's right knee disabilities.
- Claimed conditions
- sleep apnea, left knee partial meniscectomy, right knee residuals of partial anterior cruciate ligament deficiency and meniscus tear, right knee degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 5, 2019
- Citation
- 19125320
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
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