The Board has withdrawn the Veteran's appeal for full body skin rash. The claims for service connection for hypertension and lumbar spine disabilities have been reopened due to new evidence submitted since the September 2005 rating decision. However, the claim for residuals of gall bladder removal remains denied as there is no material evidence supporting a secondary service connection theory.
The deciding factor: The new evidence does not support a secondary service connection theory and fails to show current residual disability from the gallbladder removal.
- Claimed conditions
- full body skin rash, hypertension, lumbar spine disabilities (including spondylosis, degenerative disc disease and degenerative joint disease), residuals of gall bladder removal, sleep apnea, joint pain, bilateral cataracts
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2020
- Citation
- 20003025
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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