The Board denied service connection for high cholesterol and remanded the claims for allergies, sinusitis, chronic bronchitis, erectile dysfunction (ED), gastroenteritis, heart disability, migraines, otitis media, sleep apnea, and back disability.
The deciding factor: The decision was based on the fact that high cholesterol is not a 'disability' for VA benefits purposes as it does not result in an impairment of earning capacity. The claims for other conditions were remanded to obtain additional medical records and possibly schedule examinations.
- Claimed conditions
- high cholesterol, allergies, sinusitis, chronic bronchitis, erectile dysfunction (ED), gastroenteritis, to include as secondary to ED, heart disability, migraines, otitis media, sleep apnea, back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 19, 2024
- Citation
- 24003007
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 Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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