Sleep apnea decisions — 2018

The Veteran's claims for increased ratings and service connection were denied. The asbestosis claim was not granted higher than the current 60% rating, while the duodenal ulcer claims were also not granted higher than the current 10-20% ratings. Service connection for kidney disorder, gout, erectile dysfunction, and sleep apnea were all denied.

The Veteran's sleep disorder, including obstructive sleep apnea (OSA), is remanded for further examination and opinion due to the presence of a currently diagnosed disability, in-service events, and an indication that the current disability may be associated with those events. The examiner must provide an opinion regarding whether it is at least as likely as not that the Veteran's OSA had onset in or is otherwise related to active military service.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected allergic rhinitis, finding that the evidence is at least in equipoise regarding the relationship between these conditions.

The Board has remanded the Veteran's claims for obstructive sleep apnea and headaches due to insufficient evidence regarding their onset during service.

The Veteran's bone cancer and its residuals, including chondrosarcoma in the right iliac bone, are being remanded for a VA examination to determine if they are related to his service, specifically exposure to Agent Orange.

The Board has granted service connection for a thoracolumbar spine disability, but denied service connection for arthritis of the neck and bilateral knee disabilities.,Service connection was also remanded for right elbow epicondylitis (tennis elbow), arthritis of the hands, sleep apnea, and secondary service connection for hypertension.

The Veteran's claim for service connection for obstructive sleep apnea and increased rating for PTSD have been denied. The Board found that the Veteran's obstructive sleep apnea was not caused or aggravated by his active service or service-connected PTSD, and denied both claims.

The Veteran's nonservice-connected pension claim for the period prior to October 1, 2017 was denied as he did not meet the permanent and total disability requirement due to his non-service-connected conditions.

The Board has remanded three issues: service connection for sleep apnea, initial rating in excess of 40 percent for a low back disability, and initial rating in excess of 10 percent for left lower extremity radiculopathy. The TDIU issue is also remanded due to its interdependence with the other issues.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD, including medications used to treat PTSD.

The Veteran's claim for service connection for a lumbar spine disorder, including IVDS, DDD, and lumbosacral strain with neuropathy of the right sciatic nerve, has been reopened. The Board found that new evidence submitted since the last final denial supports reopening the claim but does not establish service connection.

The Board has determined that the Veteran's sleep apnea had its onset during his active duty service and is related to it, granting service connection for this condition.

The Board denied service connection for degenerative disc disease of the lumbosacral spine, finding that the Veteran's pre-existing low back disorder was not aggravated by military service.

The Board has reopened the Veteran's claim for service connection of obstructive sleep apnea and granted it, finding that the condition had its onset during active duty service.

The Board denied service connection for vision disability, bilateral hearing loss disability, obstructive sleep apnea, and residuals of heat stroke and/or a disability manifested by heart palpitations due to heat injury. The Veteran's current conditions are not considered related to his active service.

The Board has decided to remand the case due to incomplete records from SSA and VA, as well as a need to verify the Veteran's income. The case will be returned for these actions.

The Veteran's sleep apnea, hyperlipidemia, hypertension, gastrointestinal disorder, hiatal and inguinal hernia, chronic pilonidal cysts and scars, and diabetes mellitus are all denied as not related to service or a service-connected condition.,There is no evidence of any in-service injury, event, or disease that could be linked to the Veteran's current conditions. The Veteran's personnel records do not confirm exposure to herbicides during his service.

The Board denied service connection for Obstructive Sleep Apnea (OSA) as secondary to Posttraumatic Stress Disorder (PTSD), finding that the evidence did not support a finding of causation or aggravation.

The Veteran's spine disability remains in appellate status, and the case is remanded for a new VA examination to assess the severity of his service-connected DJD of the thoracic spine with lumbosacral strain. The issue of TDIU is also part of this appeal.

The Board has denied the Veteran's claims for increased ratings for PTSD and bilateral knee arthralgia, and remanded his claim for service connection for sleep apnea. The decision is pending further action.