The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's claim for an increased rating for left knee disability (non-LOM symptomatology) is denied as the evidence does not show that the condition has manifested with instability or subluxation.,The Veteran's claim for an increased rating for left knee disability (LOM symptomatology) is remanded as there is no objective evidence of LOM on flexion less than 0 to 45 degrees.
The deciding factor: There is insufficient competent medical evidence to establish a causal connection between the Veteran's current sleep apnea and his active service.,The left knee disability has not manifested with instability or subluxation, which are required for a compensable rating under DC 5257.,The objective findings on clinical examination show that the Veteran’s LOM was noncompensable.
- Claimed conditions
- sleep apnea, left knee disorder, skin disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19125877
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- 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.
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