The Veteran's depressive disorder and obstructive sleep apnea are granted service connection, but his cervical spine disability and thoracolumbar spine disability are denied. The left ankle disability is rated at the maximum allowed (40%), and a compensable evaluation for the residual scar is also denied.
The deciding factor: Service connection was established based on new evidence that linked the Veteran's depressive disorder to his in-service injury, and obstructive sleep apnea to his depression. Service connection for cervical spine and thoracolumbar spine disabilities were not supported by the evidence of record. The left ankle disability is rated at its maximum due to ankylosis.
- Claimed conditions
- depressive disorder, obstructive sleep apnea, cervical spine disability, thoracolumbar spine disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 16, 2019
- Citation
- 19128892
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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