Service connection is denied for hypertension, right foot pain, and left foot pain. The Veteran's claim for service connection for obstructive sleep apnea remains pending. The propriety of the severance of service connection for left lower extremity radiculopathy must be remanded.,Obstructive sleep apnea is at least as likely as not related to or aggravated by the Veteran’s service-connected psychological disorder.
The deciding factor: For hypertension, right foot pain, and left foot pain, there was no in-service event or incurrence of these conditions. For obstructive sleep apnea, a VA examination is needed to address whether it is at least as likely as not related to or aggravated by the Veteran’s service-connected psychological disorder.,Obstructive sleep apnea is at least as likely as not related to or aggravated by the Veteran’s service-connected psychological disorder.
- Claimed conditions
- hypertension, right foot pain, left foot pain, obstructive sleep apnea, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130668
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 service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- 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.
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