Sleep apnea decisions — 2018

The Board has vacated the August 31, 2017 decision and remanded several issues related to service connection for various conditions. The claims of service connection for Congestive Heart Failure, Type II Diabetes Mellitus (DMII), and Obstructive Sleep Apnea are being remanded due to new evidence received since previous decisions.

The Board has granted service connection for sinusitis, major depressive disorder, gastroesophageal reflux disease (GERD), and sleep apnea. The effective date of the grant of service connection is set at June 29, 2011.

The Board has remanded the Veteran's claims for low back disorder, Meniere's syndrome, tinnitus, sinus disorder, obstructive sleep apnea, and nail fungus on fingernails and toes due to failure to appear at VA examinations. A new VA examination is required in each case.

The Veteran's claim of service connection for sleep apnea was reopened and granted. The effective date for the grant of service connection for bilateral pes planus and metatarsalgia is set at March 11, 2010.

The Board has decided to remand the case due to the need for additional VA treatment records and a VA examination to determine if the Veteran's obstructive sleep apnea is related to his military service.

The Veteran's initial claim for a higher rating for peripheral neuropathy of the right lower extremity was granted with an effective date of March 29, 2007. A TDIU was also granted from March 30, 2017. The case is remanded to consider a TDIU on an extraschedular basis prior to March 30, 2017.

The Board has decided to remand the case due to insufficient evidence regarding whether a sleep disorder, including sleep apnea, is related to service. The Veteran's claim will be reviewed again with the help of a VA examination.

The Veteran's sleep apnea and hypertension were denied service connection. The Veteran's diabetic peripheral neuropathy of the left lower extremity was granted a 20% evaluation, effective November 12, 2010, while his right lower extremity neuropathy remained at a 10% evaluation.

The Board has reopened the claim for service connection for left ear hearing loss and granted service connection for sleep apnea, headaches, back disability, and neck disability. The claims for right ear hearing loss and temporary total evaluation are still pending and need further examination and evidence.

The Veteran's appeal for service connection of a bilateral foot disability is dismissed. The Board grants the TDIU on an extraschedular basis, effective March 12, 2010.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including her right and left knee disabilities, PTSD, and hypertension. The Veteran is also seeking service connection for obstructive sleep apnea.

The Veteran's low back disability was rated at 10 percent prior to February 10, 2015. From February 10, 2015, the rating was increased to 40 percent.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence to support a link between his current condition and his active service.

The Board has remanded the claims for service connection for various conditions due to incomplete information and need for further examination. The Veteran's dates of active duty, ACDUTRA, and INACDUTRA must be verified, and additional examinations are needed.

The Board has remanded the case for further action on the issues of service connection for a lumbosacral spine disability.,The Veteran's claims of service connection for residuals of head injury and right shoulder disability are denied, with the latter issue being remanded due to the need for additional development regarding flare-ups of pain.

The Veteran's appeals have been dismissed as he has withdrawn his appeal for all issues.

The Veteran's claims of service connection for right ankle and right foot disorders have been reopened, as new evidence has been submitted that relates to unestablished facts necessary to substantiate the claims.,Service connection for OSA and ED are granted as they are found to be secondary to service-connected PTSD with depression.

The Board has reopened the claims for service connection for a left knee disability, right knee disability on secondary basis, hearing loss, tinnitus, and sleep apnea. The claims are all granted.

The Veteran's appeals for service connection on all listed conditions have been dismissed as the claims were withdrawn by her in June 2013. The issues of entitlement to service connection for a neck condition, left shoulder strain with degenerative joint disease, left upper extremity condition, right upper extremity condition, and left leg condition are being remanded due to incomplete records.

The Board has remanded the Veteran's claims of service connection for sleep disorder (including sleep apnea) and hypertension due to potential in-service onset or aggravation. The Veteran reported having sleep problems shortly after discharge from service, and his wife testified about gasping and breathing stops during sleep. Service records show a high blood pressure reading in 1970. Further medical examination is needed to determine the nature and etiology of these conditions.