The Veteran's claim for a rating in excess of 10 percent for right foot status post fracture disability has been denied.,The Veteran's claim for service connection for sleep apnea is remanded and requires an additional VA opinion to address the relationship between his service-connected PTSD, sinusitis, and sleep apnea.
The deciding factor: The preponderance of evidence does not support a rating in excess of 10 percent for right foot status post fracture disability.,There is insufficient medical opinion regarding whether the Veteran's service-connected PTSD caused or aggravated his sleep apnea. A new VA opinion is needed to address this issue.
- Claimed conditions
- Right foot status post fracture disability, Sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2020
- Citation
- 20064727
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.
- 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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