Sleep apnea decisions — 2018

The Board has granted an effective date of June 22, 2009 for the resumption of VA disability compensation benefits. The Veteran's separation pay was not recouped earlier due to a one-year waiting period following her second period of active service.

The Veteran's back disability of lumbar spine arthritis is granted as secondary to his service-connected bilateral foot disabilities. The Veteran was also granted service connection for sleep apnea, which began during service and continued post-service.

The Veteran's claim for service connection for a chronic adjustment disorder is denied as he did not meet the criteria for an adjustment disorder.,The Veteran's claim for a rating in excess of 20 percent for lumbosacral DDD with multi-level lumbosacral spondylosis and left paracentral disc protrusion is denied due to lack of incapacitating episodes, limitation of flexion, or spinal ankylosis.,The Veteran's claim for a compensable rating for Tourette's Syndrome, complex tic's type, is denied as his symptoms are intermittent and mild.

The Board has remanded the Veteran's claims of service connection for recurrent back disorder and obstructive sleep apnea due to incomplete records and the need for further medical examinations.

The Board dismissed the appeals regarding entitlement to service connection for a right eye disability and an initial disability rating higher than 20 percent for lumbosacral strain with degenerative arthritis of the spine due to the death of the appellant.

The Veteran's claims for lumbosacral strain with degenerative disc disease, right hip strain with degenerative joint disease, and right knee strain were granted effective November 17, 2006.,An additional 10% evaluation for limitation of adduction of the right hip was granted effective October 30, 2014.

The Board denied the Veteran's claims of service connection for tinnitus, asthma, diabetes mellitus, and sleep apnea. The appeals were not reopened due to lack of new and material evidence.

The Veteran's claim for TDIU is being remanded due to the need for additional medical examinations and records. The Board will determine if his service-connected disabilities prevent him from obtaining or maintaining employment.

The Board has remanded the cases due to a lack of recent VA examination for the service-connected lumbosacral strain and left knee strain.

The Veteran's appeals for PTSD, increased rating for chronic lumbar sprain with associated right lower extremity radiculopathy, and kidney condition were dismissed. The appeals for service connection for a right shoulder condition, sinus condition, obstructive sleep apnea, GERD, and erectile dysfunction are remanded.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is related to service, including his military service in Vietnam. The claim will be reviewed again with a new medical opinion.

The Board has remanded the claims for tinnitus, major depressive disorder (MDD), posttraumatic stress disorder (PTSD), left shoulder condition, sleep apnea, cold injury residuals of the extremities, adenitis tuberculosis, and skin condition due to outstanding VA medical records.

The Board has decided to remand the case due to the need for a VA examination and additional medical records, as there is no current evidence linking the Veteran's sleep apnea directly to his service or any service-connected condition.

The Veteran's respiratory disorders, including COPD and obstructive sleep apnea, are not service-connected as they are due to her long-term smoking habit rather than any in-service exposure or injury.

The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for residuals of laryngectomy secondary to subglottal chondrosarcoma due to asbestos exposure during active service.

The Board denied the Veteran's claim of service connection for a sleep apnea disability, finding that there was no evidence to support an in-service onset or relationship between his current condition and his military service.

The Veteran's claim of service connection for obstructive sleep apnea has been reopened and granted. The Board found that the evidence, including lay statements from fellow service members and a 2015 sleep study, supports the conclusion that the Veteran had obstructive sleep apnea during his active service.

The Veteran's claims for service connection for sleep apnea and damage to teeth/cracked teeth (now claimed as an oral condition and bruxism) have been remanded due to the need for additional development, including a VA examination.,The claim for service connection for damage to teeth/cracked teeth (now claimed as an oral condition and bruxism) for treatment purposes has not yet been adjudicated by the AOJ or referred to the appropriate VAMC.

The Board has reopened the claims for service connection for allergic rhinitis, sinusitis, loss of vision, and swelling of the left face. The claim for polyarthritis of the bilateral lower extremities is not supported by evidence showing a link to military service or an undiagnosed illness. Service connection for hyperinsomnia with sleep apnea was not addressed as it is attributed to a known diagnosed disability.

The Board has remanded the Veteran's claims for obstructive sleep apnea, hypertension, vertigo, hypogonadism with metabolic syndrome, gastroesophageal reflux disease (GERD), and hypercholesterolemia due to insufficient medical opinions regarding their onset or aggravation during active duty.