The Veteran's asthma claim has been reopened and granted.,Obstructive sleep apnea is now service-connected.,An acquired psychiatric disorder, including generalized anxiety disorder, is now service-connected.,Service connection for a low back condition is denied.,Service connection for a neck condition is denied.,Service connection for a bilateral hip condition is denied.,Service connection for an eye condition is denied.,Service connection for a headache condition is denied.
The deciding factor: The evidence is at least in equipoise as to whether the Veteran's conditions are related to his service-connected pneumoconiosis and other disabilities, leading to secondary service connection.
- Claimed conditions
- asthma, obstructive sleep apnea, acquired psychiatric disorder (generalized anxiety disorder), low back condition, neck condition, bilateral hip condition, eye condition, headache condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128666
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
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