The Board denied service connection for COPD, bilateral ear infections, and a kidney disorder but granted service connection for GERD. The denial of service connection for obstructive sleep apnea with asthma was also upheld.
The deciding factor: The evidence did not support the Veteran's claims for service connection as there were no current diagnoses of COPD, bilateral ear infections, or a kidney disorder during the appeal period, and the Veteran's GERD symptoms had onset during service. The denial of obstructive sleep apnea with asthma was based on the lack of evidence showing that the Veteran required at least monthly visits to a physician for care of asthma exacerbations.
- Claimed conditions
- Chronic obstructive pulmonary disease (COPD), Bilateral ear infections, Kidney disorder, Gastroesophageal reflux disease (GERD), Neurological signs and symptoms, to include muscle twitches, Obstructive sleep apnea with asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004818
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- 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.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
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