The Veteran's dental condition, claimed as extracted teeth, is denied due to lack of evidence showing a current disability for VA compensation purposes.,Service connection for the right shoulder disability is denied because there is no direct service connection and the Veteran's current disability is less likely related to his in-service injury. The examiner noted that the current shoulder disability is more likely related to time and age rather than the in-service injury.,The Veteran's right arm disability is not supported by evidence of a current disability for VA compensation purposes.,Service connection for obstructive sleep apnea is remanded as there is no direct service connection established.,Service connection for a kidney disability, claimed as a 'hump' on the kidney, is remanded due to lack of evidence supporting its relationship with in-service events or diseases.,Service connection for polycythemia is remanded because it has not been shown to be related to an already service-connected condition (hemorrhoids and hiatal hernia) or a pre-existing condition aggravated by the service-connected conditions.,An initial rating in excess of 20 percent for right knee DJD with limitation of flexion from November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for right knee DJD with limitation of flexion prior to November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for right knee DJD with lateral instability prior to November 29, 2018 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for left knee DJD is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 30 percent for hiatal hernia with GERD prior to November 29, 2011 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 10 percent for hiatal hernia with GERD from November 29, 2011 to February 4, 2020 is remanded due to lack of evidence supporting an increased disability level.,An initial rating in excess of 60 percent for hiatal hernia with GERD since February 4, 2020 is remanded due to lack of evidence supporting an increased disability level.,Total disability rating for compensation purposes based on individual unemployability due to service connected disability (TDIU) is remanded as there is no direct service connection established.
The deciding factor: The Veteran's current disabilities are not shown to be related to his in-service injuries or events, and the evidence does not support a finding of secondary service connection.
- Claimed conditions
- extracted teeth, right shoulder disability, right arm disability, obstructive sleep apnea, kidney disability, polycythemia, right knee degenerative joint disease (DJD) with limitation of flexion, hiatal hernia with GERD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001631
Veterans Law Judge
Decisions by this judge: 910 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001631.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
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