Sleep apnea decisions — 2018

The Board has decided to remand the case due to the need for a VA examination to determine the etiology of the Veteran's sleep apnea and whether it is related to his service-connected posttraumatic tension headaches and associated general anxiety disorder.

The Veteran's appeal is remanded due to the need for additional VA examinations and records. The issues of a higher rating for his service-connected lumbar spine disability and entitlement to TDIU are pending.

The Board has granted service connection for hypertension as secondary to the service-connected diabetes mellitus type II, but denied service connection for obstructive sleep apnea.

The Board denied the appellant's appeal regarding his initial rating for an acquired psychiatric disorder, assigning a 70 percent disability rating effective March 14, 2012. The issue of TDIU was also denied.

The Board granted a 40 percent evaluation for service-connected degenerative disc disease of the lumbosacral spine from August 5, 2015. The other issues were remanded.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, verifying service incidents, and scheduling a VA medical examination to determine if any current back condition, respiratory condition, or skin condition are related to active military service.

The Veteran's claim for an increased rating for chronic lumbosacral strain has been granted, with a 20 percent disability rating effective July 17, 2017.

The Board has determined that the Veteran's sleep apnea, hypertension, left upper extremity peripheral neuropathy, and right upper extremity peripheral neuropathy are all service-connected as they were caused or chronically worsened by his service-connected diabetes mellitus type II.

The Board has granted service connection for obstructive sleep apnea and assigned a 10 percent disability evaluation. The issue of an initial compensable rating for hypertension is referred to the RO for further action.

The Veteran's sleep apnea and ischemic heart disease claims are being remanded for additional development, including new examinations to address the sufficiency of the current evidence and any potential service connection.

The Veteran's appeal is being remanded to the AOJ for proper development of his claims, including consideration of a new VA examination report.

The Veteran's claims for service connection have been remanded due to the need for additional development and examination.

The Board found no evidence to support the Veteran's claims for service connection for obstructive sleep apnea, thyroid cancer, tonsillar cancer, lymphoma, and chronic kidney disease. The Board concluded that these conditions are not related to his active service or due to exposure to herbicide agents.

The Veteran's PTSD, along with other service-connected disabilities, renders him unable to secure and maintain substantially gainful employment. The Board grants a TDIU.

The Veteran's OSA and PTSD have been granted service connection, with the OSA rated at 30 percent and the PTSD initially rated at 10 percent.

The Veteran's service connection claims for sleep apnea and tinnitus are both granted, with the Board finding that reasonable doubt should be resolved in favor of the Veteran.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his thoracic strain disability and issuance of a Statement of the Case for the issues of whether new and material evidence has been received to reopen a claim of entitlement to service connection for obstructive sleep apnea; entitlement to service connection for a left leg condition, to include as secondary to service-connected thoracic strain; and entitlement to service connection for a right leg condition, to include as secondary to service-connected thoracic strain.

The case is being remanded to the AOJ for additional development, including obtaining Social Security Administration records and scheduling VA examinations to determine the nature and etiology of the Veteran's sleep apnea, depression, and asbestos pleural plaques.

The Board found that the Veteran's left-ear hearing loss and OSA were not incurred or aggravated by his active duty service. The VA examiner concluded there was no evidence to support onset of hearing loss during his reserve service activations, nor did it link the current conditions to his military service.

The Veteran's appeals have been withdrawn, and the Board has dismissed all pending appeals.