The Veteran's right foot disability is currently rated as noncompensable prior to May 31, 2022 and in excess of 10 percent thereafter. The Veteran's sleep apnea has been granted secondary to his service-connected psychiatric disorder.,Service connection for joint pain (claimed as rheumatoid arthritis) and shin splints is remanded due to conflicting opinions.
The deciding factor: The evidence does not support a higher rating for the right foot disability prior to May 31, 2022. The Veteran's symptoms were found to be at worst moderate from May 31, 2022 and thereafter.,Service connection for sleep apnea is granted as it is related to his service-connected psychiatric disorder (Raynaud's phenomenon).,The opinions regarding joint pain and shin splints are conflicting. Further evaluation is needed to determine the relationship of these conditions to service.
- Claimed conditions
- Right Foot Disability, Sleep Apnea, Joint Pain (claimed as Rheumatoid Arthritis), Shin Splints
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 5, 2023
- Citation
- 23048546
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 23048546.
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 Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
- 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.
- Granted
The Veteran's right and left knee strains, as well as shin splints, were granted increased ratings. The Veteran also received special monthly compensation at the housebound rate from October 25, 2017 to March 11, 2024.
- 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.
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