The Veteran's sleep apnea is not service-connected as it did not begin during active service and there is no evidence of a nexus to an in-service injury or disease.,Service connection for irritable bowel syndrome (IBS) is granted as the disability was shown as chronic during a presumptive period and is not attributable to intercurrent causes.,The Veteran's hemorrhoids are not service-connected as he has not had them at any time during or approximate to the pendency of the claim.,Service connection for left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to a low back disability), and right hip disability (secondary to a low back disability) is remanded as there are inextricably intertwined issues with pes planus that need further clarification.,Service connection for pes planus is remanded as the examiner must provide an opinion on whether it was worsened beyond its natural progression during service.
The deciding factor: The Veteran's sleep apnea diagnosis predates his separation from service and there is no evidence of a nexus to an in-service injury or disease.,IBS has been diagnosed as chronic since the onset of symptoms, which are considered presumptive under VA regulations for Persian Gulf veterans.,There is no current diagnosis of hemorrhoids in the Veteran's medical records, and his reported history does not meet the criteria for a current disability.,The issues with left knee, right knee, acid reflux, low back, left hip, and right hip disabilities are remanded as they are inextricably intertwined with pes planus. The examiner must provide an opinion on whether pes planus worsened beyond its natural progression during service.,Pes planus is the primary issue that needs clarification to determine if it was worsened beyond its natural progression during service.
- Claimed conditions
- sleep apnea, irritable bowel syndrome (IBS), hemorrhoids, left knee disability, right knee disability, acid reflux disability, low back disability, left hip disability (secondary to low back), right hip disability (secondary to low back), pes planus, left foot disability other than pes planus, right foot disability other than pes planus, left ankle disability (secondary to pes planus), right ankle disability (secondary to pes planus)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2022
- Citation
- 22071660
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 22071660.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
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