The Veteran's claim for a rating in excess of 50 percent for pes planus with hallux valgus and plantar fasciitis is denied. The Board finds that an increased rating is not warranted due to the maximum schedular rating already awarded. The Veteran's claim for service connection for obstructive sleep apnea, related to his service-connected PTSD and orthopedic disabilities, is remanded as there was a failure to notify him of the scheduled examination.
The deciding factor: The Veteran did not receive proper notice of the scheduled VA examination for his obstructive sleep apnea, which resulted in a pre-decisional duty to assist error. The Board finds that a new VA examination and opinion are needed to determine if there is any relationship between the Veteran's obstructive sleep apnea and service or his service-connected disabilities.
- Claimed conditions
- pes planus with hallux valgus and plantar fasciitis, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2020
- Citation
- A20008756
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 A20008756.
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.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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