Sleep apnea decisions — 2018

The Veteran's claim for an increased rating of paresis of the fifth cranial nerve has been granted, but his claims for service connection for obstructive sleep apnea and residuals of traumatic brain injury have been remanded.,The Board will need to provide a medical opinion on whether the Veteran's obstructive sleep apnea is related to his in-service facial fracture and if his residuals of traumatic brain injury are related to his in-service football accident.

The Board denied service connection for bilateral shoulder DJD with right shoulder rotator cuff tear and left knee arthritis, finding that the Veteran's current disabilities were not incurred in or aggravated by service.,The claim for lumbosacral spine status post laminectomy for herniated nucleus pulposus was also denied as there was no new and material evidence to reopen it.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected PTSD.,Service connection for peripheral neuropathy of the left upper extremity, right lateral superior iliac crest, pes planus, and left lower extremity are all denied.

The Board has granted the petition to reopen the claim for service connection for OSA and hypertension, but has remanded both issues due to insufficient evidence.

The Veteran's claims for service connection were denied across multiple conditions, including jungle rot, gout, sleep apnea, hypertension, cholecystectomy residuals, ulcerative colitis, end stage renal disease, dermatitis, diabetes mellitus type II, and depressive disorder. The Board found insufficient evidence to establish current diagnoses or a causal relationship between these conditions and the Veteran's service.

The Board denied service connection for sleep apnea, deviated nasal septum, sinusitis, and IBS as these conditions are not related to the Veteran's active duty service.

The Veteran's claims for an increased rating for allergic rhinitis and service connection for sleep apnea are being remanded due to lack of compliance with previous Board directives. The case is also being referred for extraschedular consideration.

The Veteran's application to reopen his claim of service connection for sleep apnea was granted. Service connection for sleep apnea secondary to asthma is also granted. The Board has remanded the issue of service connection for a psychiatric disability, including PTSD, as it is unclear whether there is a current diagnosis and if so, whether it is related to an in-service stressor or aggravated by his service-connected sleep apnea.

The Veteran's appeal for service connection for PTSD was withdrawn. His right ankle condition is granted as service-connected, but the lumbosacral spine DDD with mild disc bulge at L4-L5 and L5 S1 does not warrant a rating in excess of 10 percent.

The Veteran's service connection claim for a low back disability was denied as his current diagnoses are not related to his period of active service.,The Veteran's right shoulder reconstruction surgery rating was also denied, with the RO granting him a 20 percent rating throughout the appeal period.

The Veteran's back disability is currently rated at 20 percent, but the Board finds that it does not meet or approximate the criteria for a higher rating.

The Board has granted service connection for sleep apnea, finding that the Veteran's chronic sleep apnea disability is related to his time in service and resolving reasonable doubt in favor of the Veteran.

The Board has decided to remand the Veteran's claims of service connection for sleep apnea and an increased rating for his cervical spine disability due to insufficient evidence regarding their etiology.

The Board has granted service connection for obstructive sleep apnea, finding that the condition first manifested during service and giving more weight to the opinion of the Veteran's treating doctor.

The Board has remanded the claims for service connection due to incomplete VA treatment records and a need for further examination regarding the Veteran's diagnosed allergic rhinitis. The AOJ is instructed to obtain all outstanding VA treatment records, request private medical records if necessary, and provide another opportunity for the Veteran to submit additional evidence.

The Veteran's PTSD with depressive disorder was granted an earlier effective date of October 1, 2012 for a rating increase to 70 percent.,The claim for service connection for sleep apnea has been reopened.

The Board has granted the Veteran's claims for reopening of service connection for hypertension and PTSD, as well as remanded several other issues including sleep apnea, kidney disorder, neurological disabilities, peripheral neuropathies, and radiculopathies. Service connection is denied for liver disorder, heart disorder, right upper extremity neurological disability, left upper extremity neurological disability, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and right lower extremity radiculopathy.

The Board has decided to remand the cases of obstructive sleep apnea and allergic rhinitis due to insufficient medical opinions regarding their etiology. The Veteran needs to be examined for both conditions, with a focus on whether his symptoms are related to service or service-connected conditions.

The claims for service connection of right leg disorder, left leg disorder, sinusitis, and hypertension have been dismissed.,The claim for service connection of sleep apnea has been reopened and granted. The Veteran's current diagnosis is linked to his active service.

The Board has reopened the veteran's claim for service connection for hearing loss due to new and material evidence. The claims for residuals of a perforated left ear drum, sleep disorder (including sleep apnea), and psychiatric disability (including posttraumatic stress disorder) are also remanded.