The Veteran's petition to reopen a claim of service connection for eye disability was granted. Service connection for sleep apnea, tinnitus, stomach conditions, and migraine headaches were all granted with effective dates ranging from May 5, 2017 to June 23, 2017. The Veteran's low back disability, acquired psychiatric disability, seizures, and TDIU claim are still pending.
The deciding factor: The Board found that the evidence was in equipoise as to whether the Veteran’s current sleep apnea arose during service, thus granting service connection for this condition. Other claims were granted based on the preponderance of the evidence supporting their validity.
- Claimed conditions
- eye disability (claimed as vision conditions), sleep apnea, restless leg syndrome, fibromyalgia, tinnitus, stomach conditions, migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 1, 2019
- Citation
- 19175499
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.
- 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.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- 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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