The Veteran's application to reopen the claim for service connection of OSA is granted. The TDIU claim is denied as the Veteran is currently employed and not unemployable due solely to his service-connected disabilities. The acquired psychiatric disorder claim requires further examination and opinion.
The deciding factor: The evidence submitted since the last denial indicates that the OSA is related to a service-connected disability, raising a reasonable possibility of substantiating the claim for service connection.
- Claimed conditions
- Obstructive Sleep Apnea (OSA), Acquired Psychiatric Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 13, 2019
- Citation
- 19185185
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 obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board denied an initial increased rating for diabetes mellitus type II and remanded the claims for service connection for obstructive sleep apnea, right shoulder strain with acromioclavicular joint osteoarthritis and tendinitis, cervical spine spondylosis, left knee degenerative arthritis, right knee degenerative arthritis, and thoracolumbar scoliosis and lumbar spine degenerative changes.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea as it requires further development and evidence.
- Remanded (sent back)
The Board remands the claim for service connection for obstructive sleep apnea (OSA), to include as secondary to GERD, for further development and a new VA medical opinion.
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