The Veteran's hypertension is granted as service-connected due to presumed herbicide agent exposure in Vietnam.,Service connection for sleep apnea secondary to PTSD is granted.,Service connection for a headache disability is denied.,Service connection for tinnitus is granted based on in-service noise exposure.,PTSD rating in excess of 70 percent is denied.,Service connection for back, bilateral leg, hemorrhoids, and prostate disabilities are remanded.,Rating in excess of 10 percent for hepatitis A is remanded.,Total disability rating due to unemployability (TDIU) is remanded.
The deciding factor: The Veteran had presumed herbicide agent exposure in Vietnam, which upgraded hypertension from a limited or suggestive association to sufficient evidence of an association with hypertension. The Board granted service connection for hypertension based on this presumption.,A March 2016 private opinion concluded that PTSD likely aided in the development and permanently aggravated the Veteran’s sleep apnea, warranting secondary service connection.,The preponderance of the competent evidence does not support a finding that the Veteran's headache disability began in service or was otherwise related to service. The Board denied service connection for this condition.,VA treatment records documented ongoing tinnitus complaints from 1998 onwards, and VA audiological examinations supported these findings. The Board granted service connection for recurrent tinnitus based on in-service noise exposure.,The preponderance of the evidence did not support a finding that PTSD warranted a rating in excess of 70 percent.,Service connection was granted for back, bilateral leg, hemorrhoids, and prostate disabilities due to presumed herbicide agent exposure. The Board remanded these issues as they were incomplete or unclear.,Rating in excess of 10 percent for hepatitis A was denied based on the preponderance of the evidence not supporting such a rating.,TDIU was remanded as there was insufficient information provided by the Veteran's attorney regarding his left foot condition.
- Claimed conditions
- hypertension, sleep apnea, headache disability, tinnitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2019
- Citation
- 19144930
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was 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.
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