The Veteran's petition to reopen his claim for service connection of sleep apnea is granted. His major depressive disorder with anxious distress is also granted as a separate condition. The issue of service connection for sleep apnea remains pending and will be remanded.
The deciding factor: The Board found new and material evidence in the form of a private medical opinion linking the Veteran's sleep apnea to his service-connected migraine headaches and major depressive disorder with anxious distress, thus reopening the claim for sleep apnea. The issue is now remanded for further examination and determination of whether this relationship constitutes secondary service connection.
- Claimed conditions
- sleep apnea, major depressive disorder with anxious distress
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2021
- Citation
- 21026955
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 21026955.
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 the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's claim of service connection for sleep apnea. The Veteran will be provided with a VA examination to determine if his current sleep disorder is related to his military service.
- Remanded (sent back)
The Board has decided to remand the issue of service connection for sleep apnea due to insufficient medical opinions and need for further development.
- Dismissed
The Veteran withdrew his appeal regarding the claims for sleep apnea and an increased disability rating for diabetes mellitus, type II.
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