Sleep apnea decisions — 2017

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, SSA disability benefits information, and private medical records. A VA examination will be scheduled to determine the etiology of his currently diagnosed sleep apnea.

The Veteran's obstructive sleep apnea was not incurred in service, and the claim for laceration scars on the face and skull is denied.

The Board has determined that additional development is needed for the Veteran's claims of entitlement to service connection for sleep apnea and hypertension. Specifically, a VA examination is required to determine if these conditions are related to his military service.

The Board denied the appellant's claims for service connection for hypertension, obstructive sleep apnea, and an acquired psychiatric disorder (including PTSD and anxiety disorder). The initial compensable rating for bilateral pterygium was also denied. Effective dates were not granted for the awards of service connection for bilateral hearing loss and tinnitus.

The Board has granted service connection for type II diabetes mellitus, erectile dysfunction, an acquired psychiatric disability (anxiety disorder), obstructive sleep apnea, high blood pressure, and neuropathy of the bilateral upper extremities. The rating reduction from 20 percent to 10 percent for left lower extremity peripheral neuropathy is also granted.

The Veteran's claims for service connection for ischemic heart disease, residuals of stroke, atrial fibrillation, COPD, OSA, and a left shoulder disability were denied. The Board found that the Veteran did not have ischemic heart disease at any time during the appeal period.

The Board has remanded the case due to inadequate VA examination and other procedural issues.

The Board has remanded the case for further development due to issues related to service connection and evaluation of the Veteran's sleep apnea and anxiety and depression.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, including schizophrenia and depression, as well as sleep apnea. The evidence did not establish a link between these conditions and service.,Service treatment records did not indicate any signs or symptoms of mental health issues during service. The earliest diagnosis was in 2010, which is more than a decade after separation from service.

The Veteran's cause of death (hypertensive cardiovascular disease) is not related to his service-connected conditions, and there is no evidence that any of his service-connected disabilities contributed to his death. The Board denied the claim for service connection for the cause of the Veteran's death.

The Veteran meets the schedular requirements for a total disability evaluation based on individual unemployability since October 15, 2014 due to his service-connected conditions. The Board has granted this claim effective from that date.

The Board has determined that the Veteran's vision disorders and obstructive sleep apnea did not have their onset in service or are otherwise related to a service-connected disability. Therefore, the claims for service connection were denied.

The Board has remanded the case for further development, including adjudicating the issue of increased ratings for bilateral lower extremity peripheral neuropathy and readjudicating the claim for a total disability rating based on individual unemployability due to service connected disorders.

The Veteran has been diagnosed with headaches that began in service and tinnitus linked to acoustic trauma during service. The Board finds these conditions are related to his military service.,The Veteran reported symptoms of sleep apnea since 1995, coinciding with his service period. A VA physician opined that the Veteran's current sleep apnea is likely due to in-service exposure.

The Board has reopened the Veteran's claims for service connection for right ear hearing loss, obstructive sleep apnea and bilateral ankle conditions. The evidence received since the last final denial is considered new and material as it relates to an unestablished fact necessary to substantiate these claims (current diagnoses of these conditions).

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including scheduling VA examinations and obtaining medical opinions regarding the nature and etiology of his service-connected disabilities.

The Board found that the Veteran's deviated septum and obstructive sleep apnea were not incurred in service, as there was no evidence of a broken nose or any other relevant condition during his active duty. The right ear hearing loss was also denied due to lack of continuity of symptomatology after service.

The Board found that the Veteran does not have a currently diagnosed respiratory disability and denied service connection for this condition. The Board also did not find any evidence of asbestos exposure during service, which was necessary to establish service connection for sleep apnea.

The Veteran's hiatal hernia with reflux esophagus gastritis is currently rated at 30 percent, effective January 14, 2015. The Board finds that the evidence supports a higher rating.

The Board has determined that the Veteran's sleep apnea disability is service-connected, as it was incurred during his active duty service.