Sleep apnea decisions — 2018

The Veteran withdrew his appeals for all conditions and issues except hypertension, PTSD/Depressive Disorder with Memory Loss, sleep apnea, chronic fatigue syndrome, GERD, back disorder, right and left upper extremity radiculopathy, right and left lower extremity radiculopathy, right and left hand disabilities, diverticulitis, chronic constipation, urinary incontinence, arthritis of the entire body, fibromyalgia/arthralgia, erectile dysfunction, rhinitis, migraine headaches, fungus of the feet, sinusitis, hypercholesterolemia. The Board dismissed these appeals as per the Veteran's withdrawal.

The Board has remanded the Veteran's claims for service connection for sleep apnea due to additional development being required.

The Board dismissed the appeal for a rating in excess of 20 percent for transitional lumbosacral vertebra with facet arthropathy L5-S1 due to lack of jurisdiction. The left shoulder issue is remanded for further action.

The Veteran's claim for service connection for sleep apnea is granted, but the Board finds that his PTSD does not cause or aggravate his current sleep apnea.

The Veteran's claims for service connection have been reopened and are being remanded due to the need for additional examinations.,The Board has determined that new and material evidence has been received to reopen the Veteran’s claims of service connection for a right knee disability, seizure disorder, cervical spine disability, lumbar spine disability, right hip disability, left hip disability, right knee disability, left knee disability, sleep apnea, TBI, headaches, seizure disorder, and an acquired psychiatric disorder.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for further development.,No effective dates earlier than June 16, 2010 were granted for any of the conditions as there is no evidence of prior communications indicating intent to file a claim.

The Veteran's bilateral hearing loss is granted as service-connected. The claim for a TDIU rating prior to June 9, 2009, is denied.

The Board has granted service connection for sleep apnea with fatigue, headaches, a lower gastrointestinal disability (IBS), a neck disability (cervical spine arthritis), and a low back disability (lumbar spine degenerative disc disease and facet arthropathy of L5-S1).,Service connection was also granted for a left shoulder disability (degenerative joint disease) based on the Veteran's reports of in-service injuries.

The Veteran's headaches are granted service connection, but his eye condition, skin condition and sleep disorder (OSA) claims due to herbicide exposure are denied.,Service connection for hyperlipidemia is also denied as it does not constitute a disability for VA compensation purposes.

The Board has decided that the Veteran's sleep apnea is not related to his active service or his service-connected PTSD, and thus remanded for further development.

The Board has remanded the Veteran's claims for sleep apnea, lumbago and paravertebral muscle strain with pain and muscle spasms, and residuals of a right shoulder rotator cuff tear due to insufficient evidence and need for additional examinations.

The Board has granted the claim of service connection for a thoracolumbar condition, finding that there is an approximate balance of positive and negative evidence in favor of a causal relationship between the Veteran's current thoracolumbar disability and his military service.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that there is no evidence to support a direct link between his military service and his current condition. The Board also found insufficient evidence to establish a secondary relationship with his service-connected PTSD.

The Veteran's sleep apnea, coronary artery disease, hypertension, and depression with psychotic features are not service-connected. However, the Veteran is granted basic eligibility for non-service-connected disability pension benefits.

The Board has granted the Veteran's request to reopen his claim for service connection for obstructive sleep apnea (OSA). However, the appeal is remanded as there is insufficient evidence to decide the merits of the claim on de novo review. The Board finds that a new opinion from an appropriate clinician, preferably a sleep medicine physician, should be obtained to address whether OSA is related to service, due to PTSD, or aggravated by a service-connected disability.

The Veteran's service-connected PTSD has been linked to sleep apnea, which is granted. However, his claims for bilateral hearing loss and an initial rating in excess of 30 percent for PTSD remain denied.

The Veteran's obstructive sleep apnea was first diagnosed during service and is considered to have had its onset during this period. The Board granted service connection for OSA.

The Veteran's service-connected conditions render him in need of the regular aid and attendance of another person due to his inability to dress, undress, or bathe himself as a result of his disabilities.

The Board denied service connection for a lumbar spine disorder and sleep apnea, finding that the evidence did not support a link to service.

The Veteran's claim for service connection of a left knee disability has been reopened, but the effective date remains August 13, 2014.,An earlier effective date for tinnitus is denied as no evidence prior to August 13, 2014 indicates an intent to pursue this claim.