Sleep apnea decisions — 2018

The Veteran's claim for service connection for bilateral hearing loss has been reopened, but the evidence does not meet the criteria to establish a current disability.,The Veteran's claim for service connection for COPD has been reopened, but the evidence does not meet the criteria to establish a current disability.,The Veteran's claims for service connection for tinnitus, bilateral knee disorders, and lumbosacral spine disorder have all been reopened. The additional evidence raises a reasonable possibility of substantiating these claims.,The Veteran's claim for service connection for obstructive sleep apnea has been remanded due to the need for a VA examination.,The Veteran's claim for service connection for residuals of a traumatic brain injury (TBI) has been remanded due to the need for a VA examination.

The Board has granted service connection for sleep apnea, finding that the Veteran's current diagnosis of sleep apnea began during active service.

The Board has determined that the Veteran's sleep apnea had its onset during his active duty service and granted service connection for a sleep disorder.

The Veteran's appeal for a compensable rating for residuals of venereal warts with erectile dysfunction was denied. The Board also found that the claim for service connection for sleep apnea to include as secondary to service-connected bronchitis, sinusitis, allergic rhinitis, pharyngitis and tonsillitis needs further examination due to inadequate previous examination.

The Board has decided that the Veteran's sleep apnea is not secondary to his service-connected depressive disorder, but an addendum opinion is needed to determine if it is aggravated by this condition.

The Board has remanded the claims for further development due to insufficient medical opinions regarding the etiology of the Veteran's left shoulder disorder, back disorder and Meniere’s syndrome with residuals of vertigo.

The Board has determined that the Veteran's obstructive sleep apnea likely began during his military service and granted service connection for this condition.

The Board has remanded several issues related to effective dates for service connection and disability ratings. The Veteran must be provided with a Statement of the Case (SOC) on these matters, and if he files a timely substantive appeal, they will be returned to the Board.

The Board denied service connection for an eye disability, finding that the Veteran's retinitis pigmentosa predated service and was not aggravated by service. The claim was reopened due to new evidence submitted since the last denial.

The Board has remanded the claims for service connection for hypertension, an acquired psychiatric disorder (PTSD), and sleep apnea due to insufficient evidence or lack of a nexus opinion.

The Board has determined that the Veteran's sleep apnea is at least as likely as not caused by his service-connected psychiatric disorders, specifically PTSD and anxiety disorder. As a result, the claim for secondary service connection for sleep apnea is granted.

The Board has remanded the claim of service connection for sleep apnea due to insufficient evidence and a need for further examination. The Veteran's service records show he reported trouble sleeping during his military service, and private treatment records indicate he was diagnosed with sleep apnea in 1994. However, no VA examination has been conducted on this issue.

The Board has decided that the Veteran's sleep apnea is not service-connected, and thus remands the case for further development.

The Veteran's cervical spine disability and back disability are granted service connection, but the right and left knee patellofemoral syndrome, athlete’s foot, diabetes, right elbow strain, left elbow strain, arthritis throughout the body, hearing loss, pseudofolliculitis barbae, and tinnitus claims remain pending.,The Veteran's sleep apnea is granted service connection.

The Veteran's service connection claims for left and right carpal tunnel syndrome, as well as his hypertension, were denied. The Veteran was granted a 100% disability rating for asthma with COPD and OSA effective September 4, 1998.,The issue of entitlement to TDIU prior to August 3, 2015 is dismissed as moot due to the grant of an earlier effective date for the award of a TDIU.

The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's sleep apnea, specifically whether it is related to service exposure to burn pits.

The Board has remanded the claims of service connection for neck disability, numbness in fingers, and sleep apnea due to inadequate medical opinions and lack of evidence. The Veteran's assertions about ergonomic conditions during military service are considered.

The Veteran's claim for service connection for tinnitus is granted. The initial rating of 20 percent for lumbosacral strain prior to May 23, 2017 is granted. A separate rating of 10 percent for associated LLE radiculopathy prior to June 13, 2013 and a higher rating of 20 percent from June 13, 2013 to May 23, 2017 is denied. The Veteran's claim for PTSD is granted with a rating of 50 percent effective before May 23, 2017. The Veteran's claim for TDIU prior to June 13, 2014 is granted.

The Board found no current disabilities of the bilateral shoulder, cervical spine, or right knee. The Veteran's reported traumatic brain injury and sleep apnea were not supported by evidence in service records or post-service treatment notes.