The Veteran's PTSD is not productive of total occupational and social impairment, resulting in a denial of an initial rating in excess of 70 percent.,Service connection for sleep apnea cannot be established due to the absence of a diagnosis. The claim is remanded for a new opinion regarding its etiology.,The Veteran's bilateral knee arthralgia claims are remanded for a new examination as the November 2019 VA examination was inadequate.,The Veteran's bilateral ankle arthralgia claims are also remanded for a new examination due to inconsistencies in the November 2019 VA examination report.,TDIU is remanded as the Veteran has not submitted an application for TDIU.
The deciding factor: The evidence does not show total occupational and social impairment due to PTSD, which requires gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent ability to perform activities of daily living; disorientation to time or place; memory loss for names of close relatives, own occupation, or own name.,The November 2019 VA examination is inadequate as it did not consider the Veteran's reports and did not indicate any additional factors contributing to his disability. A new opinion is needed regarding the etiology of sleep apnea.,The November 2019 VA examination was inconsistent, with the examiner indicating that pain significantly limits functional ability but also noted full range of motion in both knees. A new examination is required to address these inconsistencies and determine if there are any additional factors contributing to his disability.,Similarly, the November 2019 VA examination indicated that pain significantly limited function in both ankles but also noted full range of motion. The examiner did not indicate any additional factors contributing to the Veteran's disability. A new examination is required to address these inconsistencies and determine if there are any additional factors contributing to his disability.,The Veteran has not submitted an application for TDIU, which is a prerequisite for this claim.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Sleep Apnea, Left Knee Arthralgia, Right Knee Arthralgia, Left Ankle Arthralgia, Right Ankle Arthralgia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 22, 2020
- Citation
- 20062261
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 20062261.
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 service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Denied
The claims for PTSD, an acquired psychiatric disorder, memory loss/memory problems, chronic fatigue, sleep difficulties/sleep disturbances, and sleep apnea have been denied. The claim for service connection for residuals of testicular denervation and varicosectomy has been granted.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
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