The Veteran's sleep apnea is not related to his time in service and was denied.,The Veteran's left knee ACL tear, PCL partial tear does not limit flexion to 30 degrees and the instability more nearly approximates slight instability. An increased rating for this condition is granted.,Right knee strain (painful limited extension) associated with left knee ACL tear is not limited to 10 degrees of extension and an increased rating is denied.,Right knee strain (painful limited flexion) associated with left knee ACL tear is not limited to 30 degrees of flexion and an increased rating is denied.,A separate 10 percent rating for right knee instability is granted based on history of slight recurrent subluxation and slight lateral instability.,Left hip abduction does not result in motion lost past 10 degrees and a non-increased rating for left hip strain associated with left knee ACL tear is denied.
The deciding factor: The medical evidence did not show that the Veteran's sleep apnea was related to his service-connected adjustment disorder.,The VA examiner opined that the Veteran’s sleep apnea is not caused by or proximately due to his service-connected mental health condition and is not aggravated beyond its natural progression.,The left knee flexion limitation does not meet the criteria for a higher rating under Diagnostic Code 5260, as it is limited to slight instability rather than more severe limitations like extension or flexion.,Right knee strain (painful limited extension) and right knee strain (painful limited flexion) do not meet the criteria for a higher rating under Diagnostic Codes 5261 and 5260 respectively, as they are both limited to less than 30 degrees of motion.,The separate 10 percent rating is granted based on history of slight recurrent subluxation and slight lateral instability, which meets the criteria for right knee instability under Diagnostic Code 5257.,Left hip abduction does not result in motion lost past 10 degrees, thus a non-increased rating is denied.
- Claimed conditions
- sleep apnea, left knee anterior cruciate ligament (ACL) tear, left knee instability, right knee strain (painful limited extension), right knee strain (painful limited flexion), left hip strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2020
- Citation
- 20023920
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 20023920.
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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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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