The Veteran's claim for acid reflux as secondary to obstructive sleep apnea is denied.,The Veteran's claim for headaches is granted, with the Board finding that there is at least equipoise evidence of continuity of symptomatology since service.,The Veteran's claim for an acquired psychiatric disorder (including PTSD, anxiety, and depression) is granted, as the Board finds his statements credible regarding in-service events and concludes that his current diagnosis of depression is related to these events.,The Veteran's claims for a left hand/wrist condition and bilateral foot condition are remanded for further examination and opinion.,The Veteran's claim for a left ear hearing loss disability is remanded for an appropriate VA examination, including consideration of aggravation by service-connected right ear hearing loss and/or tinnitus.,The Veteran's claim for a respiratory disability is remanded for readjudication based on additional medical records.
The deciding factor: The preponderance of the evidence does not support finding that acid reflux was caused or aggravated by a service-connected disability, including obstructive sleep apnea.,There is at least equipoise evidence of continuity of symptomatology since service for headaches. The Board finds the Veteran's testimony credible regarding in-service events and his current diagnosis of depression.,The acquired psychiatric disorder claim is granted based on credible lay testimony regarding in-service events and a positive nexus opinion from a private psychologist.,Further examination and opinion are needed to determine if left hand/wrist condition and bilateral foot condition are related to service, including carrying heavy weapons and long periods of marching.,Left ear hearing loss disability must be determined based on the Veteran's statements regarding in-service acoustic trauma and possible aggravation by service-connected right ear hearing loss and/or tinnitus. Further examination is needed for this determination.,The respiratory disability claim requires readjudication based on additional medical records.
- Claimed conditions
- Acid reflux, Headaches, Acquired psychiatric disorder (including PTSD, anxiety, and depression), Left hand/wrist condition, Bilateral foot condition, Left ear hearing loss disability, Respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2018
- Citation
- 18159727
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 18159727.
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.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- Remanded (sent back)
The Veteran seeks an earlier effective date for a 30 percent disability rating for his service-connected headaches, which was awarded with a noncompensable rating at 0 percent. The Board is remanding the claim due to inadequate examination and the need for a new VA examination to evaluate the severity of the Veteran's headaches without considering the ameliorating effects of any medication.
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