The Veteran's GERD was granted service connection. The Veteran's obstructive sleep apnea and restrictive lung disease were denied separate ratings as a matter of law.
The deciding factor: Separate disability ratings for obstructive sleep apnea and restrictive lung disease are not permitted under VA regulations due to the coexistence of these conditions.
- Claimed conditions
- Gastroesophageal reflux disease (GERD), Obstructive sleep apnea, Restrictive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 28, 2019
- Citation
- 19106205
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 remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Denied
The Board denied service connection for an acquired psychiatric disorder, chronic rhinitis, and obstructive sleep apnea. The headache claim was remanded for further examination.
- Partly granted
The appeal was denied for service connection of a cervical spine disorder, and several claims were remanded for further development.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
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