The appeal was denied for an extended temporary total rating, but the 30 percent rating for right ankle degenerative arthritis was restored. The Board remanded claims for service connection for obstructive sleep apnea and diabetes mellitus II as secondary to a service-connected condition.
The deciding factor: The reduction in the rating from 30 percent to 10 percent for right ankle degenerative arthritis, from July 25, 2019 to July 19, 2021 and beginning on November 1, 2021, was improper.
- Claimed conditions
- right ankle degenerative arthritis, obstructive sleep apnea, diabetes mellitus II
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2025
- Citation
- A25050686
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
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