The Veteran's initial evaluation for obstructive sleep apnea (OSA) is denied as the condition does not meet the criteria for a higher rating.,The Veteran's hypertension is currently evaluated at 10 percent and no higher, due to lack of readings meeting the criteria for a higher evaluation.,The Veteran's migraine headaches are currently rated at 10 percent and no higher. The claim is remanded as there is no evidence of characteristic prostrating attacks.,The Veteran's residuals of right ankle fracture are currently evaluated at 10 percent and no higher, due to the lack of evidence showing very frequent completely prostrating and prolonged attacks.
The deciding factor: The criteria for an initial evaluation in excess of 50 percent for obstructive sleep apnea (OSA) have not been met as there is no evidence of respiratory failure with carbon dioxide retention or cor pulmonale.,The Veteran's hypertension does not meet the criteria for a higher evaluation as there are no readings meeting the threshold for a 20 percent or greater evaluation.,There is no evidence of characteristic prostrating attacks, which are required for an evaluation in excess of 10 percent for migraine headaches. The claim is remanded to allow for further examination and assessment.,The residuals of right ankle fracture do not meet the criteria for a higher evaluation as there is no evidence of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Claimed conditions
- obstructive sleep apnea (OSA), hypertension, migraine headaches, residuals of right ankle fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 6, 2019
- Citation
- 19160418
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 19160418.
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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- 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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