Sleep apnea decisions — 2018

The Board has granted service connection for an allergy disability manifesting in dark circles around the eyes, subject to payment laws. The Veteran's other claims are remanded for further evaluation.

Service connection is granted for thoracolumbar spine degenerative disc disease and lumbar spine spondylosis, as well as other service-connected disabilities. The effective date for the award of service connection for hemorrhoids is set at November 29, 2015.

The Veteran's obstructive sleep apnea was first diagnosed shortly after service and is considered a continuation of symptoms that began during his military service. The Board has determined this condition to be incurred in service.

The Board has decided to remand the Veteran's claim of service connection for sleep apnea due to new evidence submitted by the Veteran, including lay statements from individuals who witnessed his symptoms during service. The case is being sent back for further development and an appropriate VA examination.

The Veteran's service-connected asthma is not manifested by any compensable disability prior to September 11, 2006. From September 11, 2006, to June 24, 2014, the Veteran's asthma is manifested by intermittent shortness of breath and daily inhaler use. Since June 24, 2014, his asthma is manifested by intermittent courses of systemic corticosteroids.,The Veteran's service-connected degenerative disc disease of the lumbosacral spine is not manifested by any compensable disability prior to July 24, 2006. From July 24, 2006, to September 22, 2009, his condition is manifested by mild degenerative disc disease and slight scoliosis. Since September 22, 2009, his condition is manifested by forward flexion limited to 30 degrees.

The Veteran's appeal to reopen a claim of service connection for bilateral hearing loss is denied. Service connection for TBI is denied. The Board has remanded the remaining issues due to insufficient medical opinions and missing records.

The claims for service connection for left knee sprain, right knee sprain, and bilateral hearing loss have been granted. The claim for service connection for plantar fasciitis has been remanded.,The claims for service connection for conjunctivitis and sleep disorder (including sleep apnea) have also been remanded.

Service connection for allergic rhinitis has been granted with an effective date of October 23, 1971.,Claims for headaches and obstructive sleep apnea were denied as they were not filed within one year of the Veteran's separation from service.

The Veteran's claim for a compensable rating for bilateral hearing loss has been denied.,Claims regarding the Veteran's knee, shoulder, deviated septum, sleep apnea, lacunar infarcts, PTSD, and dental conditions have been remanded.

The Board denied service connection for a bilateral shoulder disability, lower back disability, and obstructive sleep apnea. The Veteran's disabilities were not found to be related to his active military service or any incident therein.

The Veteran's tinnitus was granted service connection.,Service connection for lumbosacral degenerative disc disease, an acquired psychiatric disorder (likely PTSD), bilateral hearing loss, cystic skin lesions, a respiratory disability, obstructive sleep apnea, and hypertension is remanded due to insufficient evidence.

The Veteran's claim for a higher rating for numbness in the left leg is granted, but not for his fatigue or TDIU. The case is remanded for additional development regarding service connection for fatigue and TDIU.

The Board has remanded the issues of entitlement to service connection for obstructive sleep apnea and increased evaluations for posttraumatic headaches due to conflicting evidence regarding their causes.

The Veteran's service-connected bronchial asthma with COPD is found to have caused his mood disorder, and the claim for secondary service connection for a mood disorder is granted.

The Board has determined that the Veteran's claims for increased ratings and service connection are remanded due to the need for additional examinations and opinions.

The Veteran's tinnitus, obstructive sleep apnea, and hypertension are all granted as service-connected. Tinnitus is presumed to have been incurred in service due to noise exposure. Obstructive sleep apnea was found to be related to obesity rather than PTSD or a grenade blast. Hypertension is considered direct service connection.

The Veteran's service-connected obstructive sleep apnea is currently rated at 50 percent, and the Board has determined that a higher rating is not warranted due to lack of evidence of chronic respiratory failure or cor pulmonale.

The Veteran's appeals for service connection and rating for various conditions have been dismissed due to the death of the appellant.

The Board denied an earlier effective date for service connection of lumbosacral strain based on CUE, and remanded the issue of service connection for a respiratory disability due to in-service exposure to diesel fumes.

The Veteran's lumbosacral strain is rated at 10 percent, but the Board found that a higher rating is not warranted based on the evidence of record. The appeal for an increased rating remains pending.