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
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.
- Dismissed
The Veteran withdrew the appeals for service connection for fibromyalgia and Gulf War unexplained chronic multi-symptom illness, bronchus, as well as an extension of the temporary 100 percent disability evaluation.
- Remanded (sent back)
The Board remands the claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.