The Veteran's claim for an increased rating for unspecified depressive disorder is dismissed.,The previously denied claim for service connection for non-allergic vasomotor rhinitis has been reopened and granted on secondary basis to his service-connected obstructive sleep apnea.,Service connection for hypertension is granted as secondary to obesity, which was caused by his service-connected obstructive sleep apnea.,Service connection for cerebral infarction is granted as secondary to his service-connected obstructive sleep apnea.,Service connection for diabetes mellitus is granted as secondary to his service-connected obstructive sleep apnea.,Service connection for migraine headaches is granted as secondary to his service-connected obstructive sleep apnea.,Service connection for sleep impairment is denied.,Service connection for erectile dysfunction is granted as secondary to his service-connected hypertension or diabetes mellitus.,Service connection for gastroenteritis is denied.,Service connection for chronic kidney disease is granted as secondary to his service-connected diabetes mellitus.,Service connection for rhinitis, sinusitis, and bronchitis is granted as related to service.,Service connection for fatigue or chronic fatigue syndrome is denied.,Special monthly compensation (SMC) based on the need for aid and attendance of another person is granted.
The deciding factor: The Veteran withdrew his appeal regarding an increased rating for unspecified depressive disorder at the October 2021 Board hearing, resulting in dismissal of this claim.,New evidence received since the March 2015 denial includes the Veteran's testimony and VA/privately obtained medical records. This new evidence relates to the basis for the prior denial (secondary service connection) and raises a reasonable possibility of substantiating the claim.,The August 2015 VA examiner found that hypertension is less likely than not related to or caused by his service-connected obstructive sleep apnea, but Dr. J.E.'s November 2017 private physician concluded it is more likely than not that the Veteran's weight gain due to obesity and respiratory issues contributed to the onset of his hypertension.,The September 2016 private treatment report from Dr. G.S. noted that the Veteran underwent an orthognathic surgery in service, which led to obstructive sleep apnea, obesity, asthma, diabetes, and gout. The weight gain was attributed to these conditions, leading to hypertension.,Service connection for secondary disabilities is granted based on a preponderance of evidence showing a causal relationship between the service-connected condition and the claimed disability.
- Claimed conditions
- unspecified depressive disorder, non-allergic vasomotor rhinitis, hypertension, cerebral infarction, diabetes mellitus, migraine headaches, sleep impairment, erectile dysfunction, gastroenteritis, chronic kidney disease, rhinitis, sinusitis, bronchitis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2022
- Citation
- 22046963
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 22046963.
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
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