The Veteran's claim for obstructive sleep apnea has been reopened due to the submission of new and material evidence. The effective date for service connection is January 14, 2013.,The Veteran’s petition for a higher rating for fibromyalgia with constipation remains denied as she is already receiving the maximum schedular rating available.
The deciding factor: New evidence submitted by the Veteran relates to an unestablished fact necessary to substantiate his claim of service connection for obstructive sleep apnea, specifically whether it is related to his service-connected fibromyalgia with chronic constipation, sinusitis, and/or allergic rhinitis.,The Veteran's fibromyalgia with constipation already meets the maximum schedular rating criteria.
- Claimed conditions
- Obstructive Sleep Apnea, Fibromyalgia with Constipation, Sinusitis, Allergic Rhinitis, Hemorrhoids, Total Abdominal Hysterectomy, Bilateral Salpingo-oophorectomy and Appendectomy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102331
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
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