The Veteran's initial rating for obstructive sleep apnea is denied as his condition does not meet the criteria for a higher rating.,The Veteran's diabetes mellitus rating is also denied since he has not experienced episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization or visits to a diabetic care provider, and no complications are present that would be compensable if separately evaluated.,Service connection for GERD and Barrett's esophagus is remanded as the evidence does not clearly establish whether these conditions are proximately due to or aggravated by service-connected diabetes mellitus.,The Veteran's lower extremity diabetic peripheral neuropathy ratings remain unchanged, with his claims for increased ratings being remanded.,TDIU prior to March 14, 2016 is also remanded as the evidence does not clearly establish whether this condition has rendered the Veteran unemployable due to service-connected disabilities.
The deciding factor: The preponderance of the evidence shows that the Veteran's obstructive sleep apnea and diabetes mellitus do not meet the criteria for higher ratings under their respective rating schedules.,The Veteran does not have episodes of ketoacidosis or hypoglycemic reactions requiring hospitalization or visits to a diabetic care provider, nor are there any complications present that would be compensable if separately evaluated. The evidence also fails to show progressive loss of strength as required for a 100 percent rating.,The opinions provided by the Veteran's private physician and VA examiner do not provide sufficient information to determine whether GERD with Barrett's esophagus is proximately due to or aggravated by service-connected diabetes mellitus. The evidence also does not clearly establish whether any medication prescribed to treat his service-connected disabilities has caused or aggravated his condition beyond its natural progression.,The Veteran's lower extremity diabetic peripheral neuropathy ratings remain unchanged as the evidence does not show an increase in severity since his last VA examination, and there is no new information provided that would warrant a higher rating.,TDIU prior to March 14, 2016 remains remanded as the evidence does not clearly establish whether this condition has rendered the Veteran unemployable due to service-connected disabilities.
- Claimed conditions
- Obstructive sleep apnea, Diabetes mellitus, Gastroesophageal reflux disease (GERD), Barrett's esophagus, Left lower extremity diabetic peripheral neuropathy, Right lower extremity diabetic peripheral neuropathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 8, 2020
- Citation
- 20039023
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 20039023.
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.
- Remanded (sent back)
The Veteran's appeal for service connection for Dupuytren's contracture of the left hand, right hand, and GERD is remanded due to inadequate VA examination opinions and failure to consider toxic exposure risk activities during service.
- Denied
The Veteran's GERD is currently rated at 10 percent disabling, but the Board found that his symptoms do not meet or approximate the criteria for a higher rating.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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