The Veteran's claim of weight gain is denied as it does not constitute a disease or injury for which service connection may be established.,For the entire period on appeal, the Veteran’s left knee osteoarthritis and chronic right knee strain have been rated at 10 percent. The Board finds that ratings in excess of 10 percent are not warranted based on the evidence provided.,The Veteran's claims for service connection for a back disability, left hip arthritis, right hip disability, head injury, and obstructive sleep apnea are remanded as new and material evidence has not been received to reopen these claims.,The Veteran’s claim of service connection for a head injury is remanded.,The Veteran's claim of service connection for restless leg syndrome is remanded.
The deciding factor: Weight gain does not constitute a disease, injury, or event for which compensation can be granted. Obesity per se is not a disability for the purposes of secondary service connection.,The evidence provided does not support ratings in excess of 10 percent for left knee osteoarthritis and chronic right knee strain.,No new and material evidence has been received to reopen claims for service connection for back disability, left hip arthritis, right hip disability, head injury, and obstructive sleep apnea.,The Veteran's claim of service connection for a head injury is remanded as no new and material evidence was provided.,The Veteran's claim of service connection for restless leg syndrome is remanded as no new and material evidence was provided.
- Claimed conditions
- weight gain, left knee osteoarthritis, chronic right knee strain, left shoulder joint sprain, status post acromion open reduction and internal fixation, bilateral hearing loss, left shoulder residual surgical scar, left side of hip residual surgical scars, restless leg syndrome
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2019
- Citation
- 19142300
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
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- Partly granted
The Veteran's tinnitus is granted, while fibromyalgia, internal or external hemorrhoids, bilateral hearing loss, and neuropathy are denied.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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