The Veteran's appeal for a temporary total evaluation based on the need for convalescence following surgical treatment for service-connected coronary artery disease is dismissed as moot. The appeal for an initial compensable evaluation for Merkel cell carcinoma is also dismissed.,The Board has remanded the issues of entitlement to service connection for sleep apnea, hypertension, and TDIU due to service-connected disabilities.,The Veteran's claims for service connection for hypertension (due to herbicide exposure) and sleep apnea are being remanded. The Veteran's claim for a total disability rating based on individual unemployability is also being remanded.,
The deciding factor: The appeal for the temporary total evaluation was granted in full, making it moot.,The Veteran expressed disagreement with the initial noncompensable evaluation assigned for Merkel cell carcinoma. The July 2018 rating decision is not eligible for review under VA's modernized review system.,VA medical opinions are needed to address the nature and etiology of the Veteran’s sleep apnea, hypertension, and psychiatric disability; additional VA examinations may be necessary.,
- Claimed conditions
- sleep apnea, persistent depressive disorder with anxious distress and alcohol use disorder in full remission (psychiatric disability), hypertension, coronary artery disease, type II diabetes mellitus
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2020
- Citation
- A20018160
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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