The Veteran's right ankle disability is granted with a 20% rating from March 28, 2002, to October 14, 2014. A higher rating for the right ankle disability is denied after October 15, 2014. Service connection for obstructive sleep apnea and right shoulder arthritis are granted. The issue of service connection for a low back disability is remanded.
The deciding factor: The Veteran's right ankle disability more nearly approximated marked limitation of motion with no evidence of ankylosis.
- Claimed conditions
- Right ankle disability, Obstructive sleep apnea, Right shoulder arthritis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 8, 2020
- Citation
- 20001389
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 20001389.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Board has granted the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected residuals of left foot 5th metatarsal fracture.
- Denied
The Veteran's claim for an earlier effective date of January 10, 1997, for a 10% disability rating for his right ankle disability is denied as there was no CUE in the previous decisions.
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