The Veteran's sleep apnea is granted as secondary to service-connected chronic sinusitis. However, the Veteran's bilateral hearing loss does not meet the criteria for a compensable rating prior to May 2, 2019 and over 40 percent thereafter.
The deciding factor: The Board found that the evidence was evenly balanced regarding whether sleep apnea is secondary to service-connected chronic sinusitis. However, the Veteran's bilateral hearing loss did not meet the criteria for a compensable rating prior to May 2, 2019 and over 40 percent thereafter.
- Claimed conditions
- sleep apnea, bilateral hearing loss
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 15, 2019
- Citation
- 19178665
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.
- 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 the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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