The Board granted the direct payment of attorney fees for service connection and increased evaluation of OSA with asthma, but denied it for other conditions.
The deciding factor: The January 2024 rating decision was not an initial decision regarding the issues of recurrent sinusitis, IBS, non-allergic rhinitis, erectile dysfunction, hypertension, SMC based on loss of use of a creative organ, or increased evaluation of left knee arthritis.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Recurrent Sinusitis, Irritable Bowel Syndrome (IBS), Non-Allergic Rhinitis, Erectile Dysfunction, Hypertension, Left Knee Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 9, 2025
- Citation
- A25058819
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 granted an effective date of September 2, 2020, for the grant of service connection for irritable bowel syndrome (IBS) but denied a higher initial rating and TDIU.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
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