Sleep apnea decisions — 2018

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected sinus condition, has been denied. The Veteran's increased rating claim for post-concussive headaches prior to April 21, 2017, and in excess of 30 percent thereafter, has also been denied.

The Board denied the Veteran's claims for earlier effective dates for increased ratings and service connection, finding no legal entitlement to such dates based on lack of factual ascertainability within one year prior to the date of claim.

The Board has decided to remand the case for further examination and opinion regarding the etiology of the Veteran's obstructive sleep apnea, which is currently service-connected.

The Board has remanded the Veteran's claims for service connection and rating of her PTSD with depression due to a lack of VA medical opinions addressing the etiology of her claimed conditions, including sleep apnea, coronary artery disease, hypertension, and diabetes mellitus. The Veteran also had service in Southwest Asia.

The Board denied the Veteran's claims for service connection for various conditions, including myxoid liposarcoma of the right leg/groin and pelvis, chronic pain/chronic fatigue syndrome associated with it, fibromyalgia, lymphedema, premature menopause, loss of her right ovary, carpal tunnel syndrome, nerve damage to the right leg (lower extremity neuropathy), an acquired psychiatric disorder (anxiety and depression), insomnia, and temporomandibular joint disorder with dislocated jaw. The denial is based on a lack of evidence supporting the Veteran's claims for service connection.

The Board has granted service connection for tinnitus and denied service connection for COPD and sleep apnea. The Veteran's tinnitus is found to be related to his service-connected bilateral hearing loss, while his COPD and sleep apnea are not shown to be related to active service.

The Veteran's claim for service connection for bilateral hearing loss is denied. The Veteran's claim for a TDIU due solely to PTSD with alcohol use disorder is granted.

The Veteran's PTSD is rated at 100 percent from July 13, 2011. The TDIU claim is denied as the PTSD rating has already provided total disability.

The Board has granted service connection for obstructive sleep apnea, finding that the evidence is at least in equipoise and resolving all reasonable doubt in favor of the Veteran.

The Veteran's cervical spine DJD and DA are granted as secondary to service-connected lumbar spine DA.,Service connection for unspecified depressive disorder is granted.

The Board has remanded several claims due to the need for additional evidence and examinations. The Veteran's service-connected conditions include migraine headaches, a left forehead laceration, tinea pedis of the bilateral feet, gout, sleep apnea, multiple painful joints, allergies, bilateral knee swelling with pain, bilateral hearing loss, residuals of a bilateral ankle injury, an upper and lower back disorder, and tinnitus. The claims are remanded for further development including obtaining SSA records, VA treatment records, and examinations.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis is related to his active duty service.

The Board denied service connection for sleep apnea and other claims, including increased ratings for various disabilities. The Veteran's appeal was also remanded for further action on some issues.

The Board has remanded the Veteran's claims for higher ratings and TDIU due to his service-connected lumbosacral spine and left knee disabilities. The VA is instructed to schedule the Veteran for appropriate VA examinations, provide him with proper notice of these examinations, obtain all outstanding records, and ensure that he provides any additional evidence needed.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected major depressive disorder, but more information is needed for a definitive decision.

The Board has determined that the Veteran's sleep apnea is at least as likely as not caused by medications used to treat her service-connected asthma, and thus grants service connection for this condition.

The Board has determined that the Veteran's claims for service connection related to hypertension, dermatitis, gastroesophageal reflux disease (GERD), and sleep apnea require additional development. The effective dates of these claims will be determined after further review.

The Board dismissed the Veteran's claims for service connection of heart disability, left wrist disability, mononucleosis, and sleep apnea. The claim for PTSD was granted with new and material evidence but not reopened as it is considered a direct service connection case. Service connection for diabetes mellitus II was denied due to lack of exposure to herbicide agents.

The Board has reopened the Veteran's claim for service connection for a low back disability due to new and material evidence. The claims for service connection for sleep apnea and status post left rib fracture are remanded for further development, including obtaining VA treatment records and scheduling examinations.

The Board has remanded the claims of service connection for chronic fatigue, sleep apnea, and hypertension due to new evidence and need for further examination.