Sleep apnea decisions — 2018

The Board has remanded the case for further development to verify the Veteran's duty status during his October 6, 2012 motor vehicle accident and to determine if he sustained any head injury. The OSA claim will also be reviewed with an examination by a sleep specialist.

The Veteran's claims are being remanded due to the need for additional medical records and a VA examination. The issues include reopening his diabetes mellitus claim, service connection for diabetic neuropathy, and service connection for sleep apnea with COPD.

The Veteran's claims for service connection for various conditions have been denied. The Board found no evidence of a nexus between the claimed conditions and service.

The Board denied the Veteran's claims for service connection for cervical spine disability, lumbar spine disability, psychiatric disorder (anxiety disorder NOS), and respiratory disorder due to lack of evidence linking these conditions to service.,Service connection was not granted as the preponderance of the evidence showed that the current disabilities were not manifest in service or related to service.

The Veteran's claim for obstructive sleep apnea has been granted. The issues of service connection for diabetes mellitus and nerve damage to the mouth are being remanded due to incomplete records and need for further examination.

The Board has determined that the VA examinations are inadequate and a new examination is needed to determine if the Veteran's sleep condition, including UARS, was incurred in or related to his active military service.

The Board of Veterans' Appeals has determined that the Veteran's obstructive sleep apnea did not manifest during his active service and is not related to any in-service injury or event. The evidence does not support a finding that the condition was aggravated by military service, nor can it be attributed to pre-existing conditions.

The Board denied the Veteran's claims for service connection for speech disability and respiratory disability including sleep apnea, finding that there was no evidence to support a link between these conditions and his military service.

The Veteran's acquired psychiatric disability, including PTSD, is granted as incurred in service. Service connection for obstructive sleep apnea is also granted as secondary to the service-connected acquired psychiatric disability.

The Board has remanded several issues related to the Veteran's service connection claims, including those for an acquired psychiatric disorder and a left leg disorder. Additional evidence is needed from SSA and VA records, and an addendum opinion is required regarding whether the Veteran’s left leg disorder was caused or aggravated by his service-connected vertigo and knee disabilities.

The Board has determined that the Veteran's sleep apnea likely existed prior to his active duty service, but given the evidence of record is at least in equipoise as to whether it began during service, the claim for service connection is granted.

The Board denied service connection for obstructive sleep apnea and an acquired psychiatric disorder (anxiety disorder) as the Veteran's current diagnoses are not related to his military service.

The appeal of entitlement to service connection for a jaw condition is dismissed. The issues of entitlement to service connection for head injury and neck disability, sleep apnea, and bilateral hearing loss are remanded.

The Board has remanded the claims for bilateral knee disorder, hypertension, sleep apnea, and residuals of an inguinal hernia due to incomplete examination reports. The examiner is requested to address whether these conditions are related to reserve service during ACDUTRA or INACDUTRA.

The Veteran's service-connected hypothyroidism is found to have caused his sleep apnea, allowing for the grant of service connection.

The Veteran's sleep apnea is granted as secondary to his service-connected anxiety disorder and opioid pain medications. The claims for left hip disability, right hip disability, bilateral ocular disability, respiratory disability, hypogonadism with erectile dysfunction, skin condition, recurrent sprains of the left ankle, recurrent sprains of the right ankle, degenerative disc disease of the lumbar spine, status post left foot tendon release with benign tumor of the plantar surface with plantar fasciitis, and status post right foot tendon release with benign tumor of the plantar surface with plantar fasciitis are all denied. The Veteran is granted a 50 percent rating for tension-migraine headaches.

The Board has decided to remand the case due to the need for a VA examination to address the Veteran's claims of service connection for sleep apnea and secondary service connection for his anxiety disorder.

The Board has granted service connection for chronic obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus type 2, finding that it is proximately due to or aggravated by his service-connected condition.

The Board has remanded the Veteran's claims for further development due to new evidence being added to his file, including VA treatment records. The claims include service connection for various conditions related to scleroderma and other disabilities.

The Board denied service connection for hearing loss, tinnitus, sleep apnea, and headaches as there was no evidence of a current disability or in-service incurrence.,The Veteran's claims were not supported by medical evidence showing the presence of these conditions during or after service.