VA Claims: Disabled Veterans Community|Hadit.com

Single Judge Application; Bailey v. Wilkie, No. 19-2661(Jan. 6, 2021 § 3.155(d)(2); central sleep apnea is an alleged “complication” of CHF;

VA Law

In Bailey, the Court consulted several dictionaries and concluded that the definitions of
“complications” “connote a causal or aggravative relationship between the primary disease or
condition and the resulting disease or condition,” which the Court stated “is the same relationship
that exists between primary and secondarily service-connected disabilities.” Bailey, 2021 WL
45679, at *9. The Court therefore concluded that, pursuant to § 3.155(d)(2), “VA is required to
develop and adjudicate related claims for secondary service connection for disabilities that are
reasonably raised during the adjudication of a formally initiated claim for the proper evaluation
level for the primary service-connected disability.” Id. at *11.

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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-3847
RALPH J. KALAR, JR., APPELLANT,
V.
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before MEREDITH, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
MEREDITH, Judge: The appellant, Ralph J. Kalar, Jr., through counsel appeals a May 15,
2019, Board of Veterans’ Appeals (Board) decision that denied entitlement to earlier effective dates
for the awards of benefits for hypertension, coronary artery disease (CAD), and congestive heart
failure (CHF); to a compensable disability rating for hypertension; and to a disability rating in
excess of 30% for CAD and CHF, claimed as a heart condition. Record (R.) at 4-18. The appellant
does not challenge the Board’s decision with respect to the proper effective dates for hypertension,
CAD, and CHF, nor does he challenge the denial of a compensable disability rating for
hypertension. The Court therefore considers those matters abandoned and will dismiss the appeal
as to

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