The Veteran's claims for increased ratings for sleep apnea, impairment of sphincter control, and left foot heel spurs have been denied.,The Veteran is not entitled to an increased disability rating for sleep apnea prior to October 20, 2009 or from October 20, 2009 onwards. The Veteran's most recent disability rating was 30 percent from June 12, 2003 to October 19, 2009 and 50 percent thereafter.
The deciding factor: The evidence does not support the need for a breathing assistance device or chronic respiratory failure with carbon dioxide retention or cor pulmonale at any time during the period on appeal.
- Claimed conditions
- Sleep Apnea, Impaired Sphincter Control, Left Foot Heel Spurs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 1, 2021
- Citation
- 21061311
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 21061311.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- Whole decision: 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.
- Whole decision: Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Whole decision: Denied
The Veteran's appeal for increased ratings and service connection claims have been denied. The Board found that the evidence did not support a higher rating for PTSD, denied service connection for CFS, mast cell activation syndrome, and sleep apnea as secondary to PTSD, and remanded TDIU.
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