The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After November 25, 2014, he was granted a 30 percent rating for limitation of extension and flexion due to pain.,The Veteran's major depressive disorder did not meet criteria for higher ratings.,For the low back disability, the Veteran received a 40 percent rating based on forward flexion greater than 30 degrees. The Board found no evidence of ankylosis or incapacitating episodes.,ED was denied as there was no deformity of the penis.
The deciding factor: The criteria for higher ratings were not met due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale, and the Veteran did not require a tracheostomy. The left knee injury prior to November 25, 2014 was rated based on painful motion without compensable limitation of motion. After November 25, 2014, the Veteran's condition met criteria for a higher rating due to pain and limited extension/flexion.,The major depressive disorder did not meet criteria for higher ratings. The low back disability had forward flexion greater than 30 degrees but no ankylosis or incapacitating episodes.,ED was denied as there was no deformity of the penis.
- Claimed conditions
- Sleep apnea, Left knee injury, Major depressive disorder, Degenerative disc disease (low back disability), Erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 2, 2020
- Citation
- 20000031
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board granted an effective date of May 29, 2019 for service connection for an acquired psychiatric disorder but denied earlier effective dates and increased ratings for other conditions.
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