The Veteran's petition to reopen his claim of entitlement to service connection for atrial fibrillation and erectile dysfunction was granted.,The Veteran’s petition to reopen his claim of entitlement to service connection for obstructive sleep apnea, enlarged prostate, and erectile dysfunction was denied due to lack of new and material evidence within a year of the January 2009 rating decision.,Entitlement to service connection for gastroesophageal reflux disease (GERD) is granted as secondary to service-connected peritoneal adhesions.,The Veteran's petition to reopen his claim of entitlement to service connection for fibromyalgia was denied due to lack of a current diagnosis and the absence of evidence linking it to service-connected conditions.,Entitlement to special monthly compensation (SMC) for aid and attendance is granted.,The Veteran’s petition to reopen his claim of entitlement to service connection for type II diabetes mellitus, erectile dysfunction, and enlarged prostate was not addressed in this decision.
The deciding factor: New evidence has been submitted that relates to an unestablished fact necessary to substantiate the claims.,The Veteran did not submit new and material evidence within a year of the January 2009 rating decision, making his claim for service connection for obstructive sleep apnea, enlarged prostate, and erectile dysfunction final.,GERD is proximately due to the Veteran's service-connected peritoneal adhesions.,The preponderance of the evidence does not support a current diagnosis of fibromyalgia or its relationship to service-connected conditions.,The Veteran meets the criteria for SMC for aid and attendance as he requires regular assistance in daily activities due to his disabilities.,The claim for type II diabetes mellitus, erectile dysfunction, and enlarged prostate was not addressed.
- Claimed conditions
- atriial fibrillation, erectile dysfunction, obstructive sleep apnea, gastroesophageal reflux disease (GERD), fibromyalgia, enlarged prostate
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2021
- Citation
- 21002353
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 21002353.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
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