The Board granted service connection for a scar, but denied it for sleep apnea. The claims for left elbow disability and PTSD were remanded.
The deciding factor: Service connection was granted based on the Veteran's testimony that he was on active duty when his appendicitis occurred, while SA did not begin during active or ADT service as evidenced by a 2016 sleep study report. The Board found the Veteran's October 2016 statements more credible than his April 2022 statements.
- Claimed conditions
- scar, residuals of appendicitis, sleep apnea (SA), left elbow disability, claimed as a hyperextended left elbow, post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 5, 2024
- Citation
- 24000850
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.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Dismissed
The appeal for service connection for hypertension and sleep apnea was dismissed due to an invalid concurrent election of review options.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
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