The Veteran's hypertension was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period. The preponderance of the evidence is against finding that he has an acquired psychiatric disorder at any time during or approximate to the pendency of the claim, and his sleep apnea began during active service or is otherwise related to an in-service injury or disease.,The Veteran's kidney disease may be related to exposure to methyl ethyl ketone (MEK) during service. The right foot and left foot disorders are secondary to the now service-connected right ankle osteoarthritis.
The deciding factor: The preponderance of the evidence is against finding that the Veteran has an acquired psychiatric disorder at any time during or approximate to the pendency of the claim, and his sleep apnea began during active service or is otherwise related to an in-service injury or disease.,The diagnosed kidney disease may be related to exposure to methyl ethyl ketone (MEK) during service. The right foot and left foot disorders are secondary to the now service-connected right ankle osteoarthritis.
- Claimed conditions
- hypertension, acquired psychiatric disorder (including mood disorder secondary to medical condition, anxiety disorder NOS, and dysthymic disorder), sleep apnea, kidney disease, edema, right foot disorder, left foot disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2019
- Citation
- 19187150
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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