Sleep apnea decisions — 2018

The Veteran's claims for service connection and an increased rating are being remanded due to the need for additional development, including obtaining SSA records and VA medical examinations.

The Board has remanded the case due to insufficient medical evidence regarding the relationship between the Veteran's current OSA and his service, specifically his weight gain and snoring during service.

The Board denied compensation under 38 U.S.C. § 1151 for additional disability caused by VA medical treatment, finding that the Veteran's polycythemia was not caused or aggravated by VA care and that his other conditions were unrelated to VA treatment.

The Veteran's service connection claims for breathing condition, sleep apnea, and various finger joint conditions have been denied as there is no evidence of a current disability or in-service event that would warrant service connection.,Service connection was not granted because the VA examiner found no current diagnosis of any respiratory condition and determined that the Veteran’s symptoms were related to aging and physical deconditioning. The Veteran's sleep apnea was also attributed to obesity, which developed post-service.

The Board has remanded the Veteran's claims for increased ratings of hypertension and PTSD, as well as his claim for service connection for obstructive sleep apnea secondary to PTSD. More contemporaneous examinations are needed to evaluate these claims.

The Board has granted service connection for depression and obstructive sleep apnea, both found to be aggravated by the Veteran's service-connected knee disabilities. The issues of increased ratings for left and right knee patellar tendonitis, service connection for supraventricular arrhythmia and high blood pressure are remanded.

The Board has decided to remand the Veteran's claim for sleep apnea as it requires additional development, including obtaining VA treatment records and scheduling a medical examination.

The Veteran's service-connected disabilities have precluded him from caring for some of his daily personal needs and rendered him unable to protect himself from the hazards or dangers incident to his daily environment. The Board finds that an effective date of October 14, 2011 is warranted for the grant of SMC based on the need for aid and attendance.

The Board has decided that the Veteran's sleep apnea may be related to service or his deviated septum, and he needs a VA examination to determine this. The issue of whether PTSD aggravates his sleep apnea is also pending.

The Board has determined that the Veteran's current acquired psychiatric disorder, including PTSD and Major Depressive Disorder, is related to his service. Service connection for hypertension and sleep apnea are also granted as they are considered direct service-connected based on their relationship to the Veteran's service-connected PTSD.

The Veteran's sleep apnea is granted as secondary to his service-connected mood disorder. The claims for left hip, right hip, and audiological disabilities are denied due to lack of current disability or no evidence linking the conditions to service. The claim for a right ankle disability is denied because there is no evidence it began during service or is related to an in-service injury.

The Veteran's blindness is denied as not service-connected. A 100% rating for PTSD with major depression is granted from February 23, 2007 to January 13, 2015. SMC at the housebound rate is granted effective February 23, 2009.

The Veteran's appeal for service connection for obstructive sleep apnea, as well as appeals for higher ratings for his right knee and chronic fatigue syndrome, were dismissed. The Veteran was granted a 10 percent rating for allergic rhinitis but denied any increase in the rating for sinusitis with headaches.

The Board has granted service connection for obstructive sleep apnea. The diabetes mellitus, eye condition, hypertension, and respiratory disorder claims are remanded due to the need for additional medical opinions.

The Veteran's appeal is remanded for the issuance of a Statement of the Case regarding his claim for service connection for obstructive sleep apnea. The rating for diabetes mellitus type II (diabetes); with erectile dysfunction; and mild non-proliferative diabetic retinopathy remains denied.

The Veteran's claim for an earlier effective date for a 20% disability rating for lumbosacral strain is denied as there was no legally cognizable claim or intent to file a claim within the one-year period prior to February 16, 2016.

The Veteran's service-connected Achilles tendonitis, left foot is granted a 10% rating. Service connection for degenerative joint disease and L5-S1 spondylolisthesis of the lumbosacral spine is also granted.

The Board has decided to remand the claims of service connection for lumbosacral strain, cervical spine strain, bilateral ankle disability, and tinnitus due to the absence of VA treatment records from 2001 to the present. These records are needed to make a determination on the merits.

The Board has remanded the claims for service connection for sleep apnea, hypertension, and PAT due to incomplete examination reports. The Veteran's lay statements regarding symptoms during service are also considered.

The Board has denied the Veteran's claims of service connection for lumbosacral joint disease, left knee condition, and right knee condition. The case is being remanded to provide the Veteran with a VA examination to determine the nature and etiology of his bilateral knee conditions.