The Veteran's application for S-DVI was denied because his nonservice-connected disabilities, including fibromyalgia, sleep apnea, and irritable bowel syndrome, resulted in a mortality ratio risk exceeding 300 percent. The Veteran has other pending claims for service connection which, if granted, would not change the denial of S-DVI.
The deciding factor: The Veteran's nonservice-connected disabilities (fibromyalgia, sleep apnea, and irritable bowel syndrome) resulted in a mortality ratio risk exceeding 300 percent, preventing him from being considered 'in good health' as required for eligibility for S-DVI.
- Claimed conditions
- bilateral hearing loss, tinnitus, mental or nervous disorder, high blood pressure, paralysis, nerve disease, seizure disorder, fibromyalgia, sleep apnea, osteoarthritis, irritable bowel syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133332
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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).
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