The appeal to reopen a claim of service connection for sleep apnea is granted. The claims for bilateral ankle disability and low back disability with right side radiculopathy are denied, while the claim for bilateral knee disability remains pending.
The deciding factor: New evidence has been submitted that relates the Veteran's sleep apnea to his service-connected PTSD, raising a reasonable possibility of substantiating the claim on a secondary service connection basis (aggravation).
- Claimed conditions
- sleep apnea, bilateral ankle disability, bilateral knee disability, low back disability with right side radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2020
- Citation
- 20001784
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.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- 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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