The Veteran's claims for service connection for hypertension, left knee disability, right knee disability, and obstructive sleep apnea have been denied. The claim for hypertension is not reopened due to lack of new and material evidence. Claims for left and right knee disabilities are reopened based on the receipt of new evidence. Service connection for obstructive sleep apnea is also reopened.,The Veteran's lumbar spine disability remains rated at 10 percent, with a remand required to issue an SSOC.
The deciding factor: The preponderance of the evidence does not support service connection for hypertension as secondary to his service-connected lumbar spine disability. The Board finds that there is no competent medical evidence linking the Veteran's obstructive sleep apnea to his service-connected lumbar spine disability or nonservice-connected bilateral knee disabilities.,There is insufficient evidence to establish a direct link between the Veteran's current lumbar spine disability and his military service.
- Claimed conditions
- {"condition_name":"Hypertension","secondary_to":"Service-connected lumbar spine disability"}, {"condition_name":"Left Knee Disability","unestablished_facts":["In-service incurrence"]}, {"condition_name":"Right Knee Disability","unestablished_facts":["In-service injury or diagnosis"]}, {"condition_name":"Obstructive Sleep Apnea","secondary_to":["Service-connected lumbar spine disability","Nonservice-connected bilateral knee disabilities"]}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2020
- Citation
- 20069822
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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