The Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD with MDD is granted. The application to reopen the claim for service connection for tinnitus is denied. The claims of entitlement to an initial rating in excess of 50 percent for PTSD with MDD and total disability based on individual unemployability (TDIU) are remanded.
The deciding factor: The VA examiner found that the Veteran's sleep apnea is as likely as not secondary to his service-connected PTSD with MDD, resulting in a grant of service connection for this condition. The application to reopen the claim for tinnitus was denied due to lack of new and material evidence showing a relationship between the Veteran's tinnitus and active duty service.
- Claimed conditions
- sleep apnea, tinnitus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133160
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.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous 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).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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