The Veteran's sleep apnea is rated at 50 percent, which does not meet the criteria for a higher rating.,The Veteran's left ankle status post avulsion fracture is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's right hip limitation of flexion is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's right hip limitation of extension is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's right hip limitation of abduction, adduction, and rotation is currently denied as compensable.
The deciding factor: The evidence did not show that the Veteran’s sleep apnea caused chronic respiratory failure or cor pulmonale requiring tracheostomy. The left ankle status post avulsion fracture had no marked limitation of motion. The right hip conditions were rated based on their current functional limitations and did not meet criteria for higher ratings.
- Claimed conditions
- sleep apnea, left ankle status post avulsion fracture, right hip degenerative arthritis with limitation of flexion, right hip degenerative arthritis with limitation of extension, right hip degenerative arthritis with limitation of abduction, adduction, and rotation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 7, 2023
- Citation
- A23031197
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 A23031197.
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 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.
- Whole decision: 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.
- Whole decision: Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Whole decision: Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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