The Veteran's claim for service connection for sleep apnea has been denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's claim for increased rating for left knee disability (non-LOM symptomatology) has been denied due to lack of evidence showing instability or subluxation.,The Veteran's claim for increased rating for left knee disability (LOM symptomatology) has been remanded as the current examination report does not show LOM on flexion less than 0 degrees, which is required for a compensable rating.
The deciding factor: There is no evidence of onset or continuity of sleep apnea during service or immediately following separation.,The left knee disability has been previously rated under DC 5257 and the current examination report does not show instability or subluxation, which would warrant a higher rating.
- Claimed conditions
- {"condition_name":"sleep apnea","claimed_conditions":["undiscovered illness"]}, {"condition_name":"left knee disorder","claimed_conditions":["non-limitation of motion (LOM) symptomatology","UI"]}, {"condition_name":"skin disorder","claimed_conditions":["eczema & psoriasis","undiscovered illness"]}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19125877
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
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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.