The Veteran's low back disability is denied as there is no evidence of a current disability related to service.,Service connection for sleep apnea is denied due to lack of a diagnosed condition during the appeal period.,Service connection for hypertension is granted, with an initial rating of 30 percent based on recurrent stone formation requiring treatment.,The Veteran's nephrolithiasis is rated at 30 percent under Diagnostic Code 7508.
The deciding factor: The weight of the evidence does not support a finding that the low back disability began during service or is related to an in-service injury, event, or disease.,There is no current diagnosis of sleep apnea and the Veteran has never undergone a sleep study. The VA examiner found no evidence of sleep apnea.,The July 2015 VA examiner concluded that hypertension was not incurred during service but rather developed post-service based on in-service blood pressure readings reaching as high as 146/80.,The Veteran's nephrolithiasis is rated at 30 percent under Diagnostic Code 7508 due to recurrent stone formation requiring diet therapy, drug therapy, and invasive procedures.
- Claimed conditions
- low back disability, sleep apnea, hypertension, nephrolithiasis (recurring stone formation)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132951
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 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.
- 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.
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