Sleep apnea decisions — 2018

The Board has remanded the case due to a need for an addendum opinion regarding whether OSA is caused or aggravated by the service-connected psychiatric disability.

The Veteran's claim for service connection for a bilateral foot disorder is not reopened due to lack of material evidence. Service connection for an acquired psychiatric disability, including anxiety and depression, secondary to service-connected bilateral hearing loss is granted. Service connection for hypertension is denied. The effective date for the grant of service connection for bilateral hearing loss is set at March 30, 2017.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not incurred or aggravated during service and is not caused by a service-connected condition.

The appeal for service connection for bipolar disorder claimed as memory loss is dismissed. Service connection for bilateral hearing loss, cataracts of both eyes, obstructive sleep apnea with CPAP (claimed as sleep apnea), arthritis of knees, bilateral, arthritis of shoulders, bilateral, DDD at C4-5, C5-6, and C6-7, spondylosis with foraminal impingement at C5-6 and C6-7, claimed as arthritis of the neck, right shoulder tendonitis, tendonitis of both wrists, and spurs in fingers of both hands is dismissed.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, bilateral shin splints, and a rating in excess of 10 percent for lumbosacral strain due to new evidence and need for further examination. The TDIU and DEA benefits claim is also remanded as it is inextricably intertwined with the other claims.

The Board denied the Veteran's claims for service connection for various conditions, including PTSD, upper and lower respiratory disability, bilateral knee degenerative changes, left elbow epicondylitis; olecranon bursitis, muscle injuries, obstructive sleep apnea, hypertension (claimed as high blood pressure), GERD, and erectile dysfunction. The Board found that the Veteran did not have a current diagnosis of any of these conditions or that they were related to service.

The Board denied service connection for OSA secondary to service-connected PTSD, but remanded the issue of a rating in excess of 70 percent for PTSD.

The Veteran's initial rating for coronary artery disease (CAD) was granted at a 60% level, but not greater. The appeal is remanded for further evaluation of cervical spine and low back disabilities, COPD, sleep apnea, and hypertension.,An earlier effective date for the grant of service connection for hypertension is also being remanded due to new evidence.

The Veteran's claim for an increased evaluation for his service-connected lumbar spine disability is being remanded due to the need for additional development, including a new VA examination.

The Veteran's appeal is remanded for additional examinations and evaluations to determine appropriate disability ratings for his service-connected conditions.

The Veteran's PTSD has been granted an initial rating of 70 percent, but the claims for service connection for sleep apnea and restless leg syndrome are remanded due to inadequate development. The TDIU claim is also remanded.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected non-Hodgkin’s lymphoma, finding that there was no causal relationship between the two conditions.

The Veteran's service-connected disabilities prevent him from securing or following a substantially gainful occupation, and the Board has granted entitlement to TDIU.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea as secondary to his service-connected PTSD and denied entitlement to a disability rating in excess of 50 percent for PTSD. The claim for TDIU was also denied.

The Board denied service connection for lumbosacral degenerative joint disease, bilateral knee disability, bilateral ankle disability, respiratory disability and acquired psychiatric disability (specifically depressive disorder). The decision found that the Veteran's current conditions are not related to his active service.

The Board has reopened the claim for service connection of sleep apnea and granted it, finding that the Veteran's current condition had its onset during his active military service.

The Board denied the Veteran's claim of service connection for sleep apnea as he does not have a current diagnosis of this condition.

The Board has granted service connection for tinnitus. The cases of service connection for an acquired psychiatric disorder, sleep apnea, psoriasis, and acid reflux condition are remanded due to the need for additional medical opinions.

The Board has granted the Veteran's application to reopen his claim for service connection for a lumbar spine disability and has determined that the evidence is at least evenly balanced as to whether the Veteran's current lumbar spine disability was incurred in service. Service connection is therefore granted.

The Veteran's lumbar spine disability, radiculopathy of the left lower extremity, and depression are all granted service connection.,Service connection for rheumatoid arthritis, arthritis of the right hand, arthritis of the left hand, fibromyalgia, cervical spine disability, thoracic spine disability, bilateral hearing loss, hypertension, hypothyroidism, and a sleep-related disability (including obstructive sleep apnea) are remanded.