The Veteran's low back disability was restored to a 40 percent rating from January 13, 2009.,GERD is service-connected and effective as of the date of receipt of the claim.,Service connection for sleep apnea is granted and effective as of January 8, 2010.,CFS was not service-connected and no earlier effective date can be assigned.,Psoriasis is service-connected and effective as of the date of receipt of the claim.,Residuals of a TBI are service-connected and effective as of the date of receipt of the claim.
The deciding factor: The Veteran's low back disability was restored to its prior rating due to procedural errors in reducing it from 40 percent to 20 percent without proper notice or opportunity for response.,GERD is service-connected and effective as of the date of receipt of the claim because there is no evidence of a pre-service diagnosis.,Service connection for sleep apnea was granted based on its secondary relationship to PTSD, with an effective date set at the earliest date ascertainable within one year prior to the claim.,CFS was not service-connected and no earlier effective date can be assigned as there is no competent evidence of a current diagnosis.,Psoriasis is service-connected and effective as of the date of receipt of the claim because there is no evidence of a pre-service diagnosis.,Residuals of TBI are service-connected and effective as of the date of receipt of the claim.
- Claimed conditions
- low back disability, GERD, sleep apnea, chronic fatigue syndrome (CFS), psoriasis, residuals of a traumatic brain injury (TBI)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 30, 2014
- Citation
- 1424351
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 1424351.
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 sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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