The Veteran's application to reopen her claim of service connection for fibromyalgia was dismissed. Her application to reopen her claim of service connection for sleep apnea was granted.,Her applications to reopen her claims of service connection for right shoulder impingement, discoid lupus, urticaria, and bilateral galactorrhea were also dismissed. Her application to reopen her claim of an initial rating higher than 50 percent for sinusitis since November 10, 2011 was dismissed.,Her applications to reopen her claims of service connection for psychiatric disability and for a compensable rating for the bilateral breast fibrocystic condition were remanded. Her application to reopen her claim of service connection for sleep apnea was also remanded.
The deciding factor: The Veteran withdrew from appeal all issues related to reopening her claims, except for the issue of service connection for sleep apnea.,The AOJ denied the Veteran's original claim of service connection for sleep apnea in October 2010. The Veteran submitted a timely NOD and an SOC was issued in May 2012. However, no substantive appeal was filed within one year from the date of the SOC.,New evidence received since the October 2010 denial includes information that relates to an unestablished fact necessary to substantiate her claim for service connection for sleep apnea (the absence of a diagnosis or treatment in service). This new evidence is considered material and sufficient to reopen her claim.
- Claimed conditions
- fibromyalgia, sleep apnea, right shoulder impingement, discoid lupus, urticaria, bilateral galactorrhea, sinusitis, psychiatric disability, gastroesophageal reflux disease (GERD), bilateral breast fibrocystic condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2019
- Citation
- 19110070
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19110070.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- 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.
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