The Veteran's claim for service connection for sleep apnea and tinnitus was denied. The Veteran's respiratory disability claim, which included a claimed asbestos exposure, was also denied.,For the stomach disability, the Veteran received a grant of 60 percent rating from October 28, 2014 to February 7, 2017, but this rating is subject to regulations governing monetary benefits. The claim for a higher rating after that date remains pending and was remanded.
The deciding factor: The evidence did not support the Veteran's claims of service connection for sleep apnea, tinnitus, or respiratory disability due to asbestos exposure.,For the stomach disability, the evidence showed symptoms consistent with an ulcer but did not meet the criteria for a higher rating as it was less severe than what would warrant a 60 percent rating.
- Claimed conditions
- Sleep Apnea, Tinnitus, Respiratory Disability (as claimed), Gastric Ulcer, Chronic Gastritis, Status Post Gastrectomy with Associated Surgical Scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 6, 2020
- Citation
- 20064699
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for bilateral hearing loss disability and tinnitus due to a lack of jurisdiction.
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