Service connection was denied for sleep apnea and traumatic brain injury due to lack of current disability diagnosis. Service connection was granted for bilateral foot conditions (pes planus) as preexisting conditions aggravated by service. The claim for acquired psychiatric condition was remanded for further development.
The deciding factor: The Board found no diagnosis or symptoms of sleep apnea or TBI in service treatment records or post-service medical records, failing to establish the first element of service connection; for the bilateral foot conditions, the presumption of soundness applied to the 2009-2010 service period due to lack of entrance examination, and VA failed to meet its burden of showing clear and unmistakable evidence of non-aggravation, particularly given the Veteran underwent foot surgery two months after service ended.
- Claimed conditions
- Sleep apnea, Traumatic brain injury (TBI), Right foot condition (pes planus), Left foot condition (pes planus), Acquired psychiatric condition
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2020
- Citation
- A20015279
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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.
- 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.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
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