The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea is granted. The Board finds that the December 2006 rating decision never became final, and entitlement to an effective date of March 2, 2005, was established.,Service connection for diabetes mellitus is denied as there is no evidence linking the Veteran's current diagnosis to service or within one year of separation. The Board finds that the positive evidence of record consists solely of the Veteran's lay belief in a causal link between service and his subsequent development of diabetes mellitus, which was not supported by medical records.,The Veteran's claim for an increased rating for bilateral pes planus and bilateral plantar fasciitis is granted. The Board finds that the disability picture more nearly approximates the criteria for a 10 percent rating under DC 5276.
The deciding factor: The effective date of March 2, 2005 was established as the Veteran's claim was received within one year of separation from service.,There is no evidence linking the Veteran's diabetes mellitus to service or within one year of separation. The Board finds that the positive evidence of record consists solely of the Veteran's lay belief in a causal link between service and his subsequent development of diabetes mellitus, which was not supported by medical records.,The disability picture more nearly approximates the criteria for a 10 percent rating under DC 5276.
- Claimed conditions
- obstructive sleep apnea, diabetes mellitus, bilateral pes planus, bilateral plantar fasciitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 31, 2024
- Citation
- A24042533
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 A24042533.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
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