Service connection for a low back disability and bilateral pes planus is denied. For sleep apnea, a 30% rating is granted prior to August 23, 2012, but the claim remains pending as higher ratings are sought.
The deciding factor: The evidence does not support service connection for the claimed conditions due to lack of continuity or aggravation beyond natural progression during service. For sleep apnea, while persistent daytime somnolence was noted prior to August 23, 2012, no use of a breathing assistance device (CPAP) was required.
- Claimed conditions
- low back disability, bilateral pes planus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 26, 2023
- Citation
- 23005055
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 23005055.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Appellant's requests for earlier effective dates for his service connection for bilateral pes planus and gynecomastia scar residuals, finding that the earliest possible effective dates are the dates of receipt of the claims.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Denied
The Veteran's hypertension, bilateral pes planus, PTSD, and anxiety were all denied as service connection was not established based on the evidence of record.,Bilateral pes planus was denied due to lack of current diagnosis.
- Denied
The Board denied service connection for treatment purposes only under Chapter 17 for various conditions, including cervical spine condition, right upper extremity nerve condition, left upper extremity nerve condition, headache condition, right wrist condition, left wrist condition, right elbow condition, left elbow condition, right shoulder condition, obstructive sleep apnea (OSA), bilateral pes planus, right ankle disorder, left ankle disorder, and left knee disorder.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.