Sleep apnea decisions — 2017

The Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD and depression) and obstructive sleep apnea have been granted. The Board found that the Veteran has persistent depressive disorder related to his military service, and OSA also related to his military service.

The Board found that a timely Notice of Disagreement was not received by VA within one year from the date of notification of the September 9, 2014, rating decision. As such, the appeal is denied.

The Board has remanded the case for further development and clarification of medical opinions from previous examinations.

The Board denied the Veteran's claim for service connection for a sleep disorder other than insomnia, including obstructive sleep apnea, finding that there was no nexus between his current sleep apnea and his in-service difficulty sleeping. The Board also found that his service-connected insomnia did not cause or aggravate his sleep apnea.

The Veteran's service connection claim for obstructive sleep apnea (OSA) is denied as there is no evidence of OSA during or immediately following service. The increased rating claim for ganglion cyst of the right foot remains at a noncompensable level due to lack of additional symptoms warranting an increase.

The Veteran's peripheral neuropathy is found to be related to his service-connected frostbite residuals.,Service connection for sleep apnea was denied as the evidence does not show that it began in or is otherwise related to service.

The Board found no evidence of a current left knee disability related to service, and the Veteran's statements were not consistent with the contemporaneous medical evidence. The right knee disability claim was denied as secondary to a non-service-connected condition.,There is no evidence of a current right knee disability in service or for many years thereafter. The Board found that the Veteran's current right knee disability is less likely related to service.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not aggravated by his service-connected rhinitis, and therefore grants service connection for this condition. The issue of entitlement to service connection for right ear hearing loss remains pending.

The Board has remanded the case due to the need for additional development, including obtaining an addendum opinion regarding whether the Veteran's use of medication for his service-connected depressive disorder may have caused or aggravated his sleep apnea.

The Board has remanded the case for further development, including obtaining opinions from examiners regarding whether PTSD aggravates OSA.

The Veteran's claims for service connection for various conditions, including TBI, headaches, sleep apnea, peripheral neuropathy of the upper and lower extremities, tremors of the hands, a mid-and-low back disorder, bilateral knee disorders, and bilateral ankle disorders have been denied. The Board found no current diagnosis of TBI or other claimed disabilities.

The Veteran's appeals for increased evaluations and effective dates have been withdrawn. The Board has dismissed the appeal as there are no remaining issues to be adjudicated.

The Board has ordered additional development due to the need for missing evidence and an addendum opinion regarding whether the Veteran's sleep apnea is related to his service-connected cervical spine disability or other conditions.

The Veteran's appeal is remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of his back disability. The TDIU claim will be deferred until the increased rating claims are resolved.

The Board has granted the Veteran's claim, finding that new and material evidence has been received to reopen her service connection claim for a low back condition. The Board also found that lumbosacral strain is related to service.

The Board has denied the Veteran's claims for service connection for diabetes mellitus, hypertension, pulmonary embolus, and deep vein thrombosis of the bilateral lower extremities as secondary to his service-connected hypothyroidism and sleep apnea. The claim will be denied.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.

The Board found that the Veteran does not have current sleep apnea or a heart condition, including coronary artery disease and hypertension. The claims for service connection were denied.

The Veteran's claims for increased disability ratings and TDIU were denied. The maximum schedular rating for residuals of status-post hemorrhoid surgery has been granted, but the Veteran does not meet criteria for a higher rating. Lumbosacral strain is rated at 20 percent disabling, peripheral neuropathy of the right lower extremity at 10 percent, and left lower extremity at 10 percent. The Veteran's service-connected disabilities do not prevent him from obtaining or retaining substantially gainful employment.

The Board has remanded the case for further development due to a lack of a supplemental statement of the case (SSOC). The Veteran's claims for a compensable initial rating for allergic rhinitis and service connection for sleep apnea are currently before the Board.