The Veteran's appeals for increased ratings and effective dates have been dismissed due to the Veteran requesting to withdraw his appeals.,The Veteran has service-connected disabilities including Obstructive Sleep Apnea with Asthma, Major Depressive Disorder with Borderline Personality Disorder, Degenerative Joint Disease of the Right Knee, Degenerative Disc Disease with Degenerative Joint Disease of the Lumbar Spine, and Degenerative Disc Disease with Degenerative Joint Disease of the Cervical Spine.
The deciding factor: The Veteran withdrew his appeals for increased ratings and effective dates.
- Claimed conditions
- Obstructive Sleep Apnea with Asthma, Major Depressive Disorder with Borderline Personality Disorder, Degenerative Joint Disease of the Right Knee, Degenerative Disc Disease with Degenerative Joint Disease of the Lumbar Spine, Degenerative Disc Disease with Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2023
- Citation
- 23018556
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 23018556.
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.
- Denied
The Veteran's right knee condition is rated at 30 percent for the period beginning February 2, 2024. The rating was denied as his symptoms do not meet or approximate the criteria for a higher evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased rating and TDIU due to inadequate medical examination reports in his previous case. The AOJ is instructed to arrange a new right knee examination, considering the Veteran's incarceration status.
- Partly granted
The Veteran's PTSD is granted a higher initial rating of 70 percent, while the claim for a higher disability rating for obstructive sleep apnea with asthma is denied.
- Denied
The Board denied an evaluation in excess of 10 percent for degenerative joint disease of the right knee.
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