Sleep apnea decisions — 2018

The Veteran seeks service connection for obstructive sleep apnea, contending that his condition had an onset in service and is related to service or secondary to his service-connected allergic rhinitis. The VA examiner found no evidence of obstructive sleep apnea during service and opined against the claim.

The Board has determined that the Veteran's obstructive sleep apnea is directly related to his in-service nose fracture, and thus service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his lumbosacral spine disability and determine the nature and etiology of his psychiatric disorder.

The Veteran withdrew his appeal for the claim of a separate evaluation for bronchial asthma prior to the Board's decision.

The Board has decided that the Veteran's claims for sleep apnea and a respiratory disability should be remanded due to failure to report VA examinations, and additional development is needed.

The Veteran's claims for service connection for obstructive sleep apnea, folliculitis of the scalp, and bilateral hearing loss have been granted. The claim for a rating in excess of 10 percent for lumbosacral strain prior to November 21, 2010, and in excess of 20 percent thereafter remains pending.

The Veteran's service-connected disabilities prevent him from securing and following a substantially gainful occupation.

The Veteran was granted service connection for obstructive sleep apnea. The claim for an increased rating for his left knee disability is denied as a matter of law due to the Veteran's failure to report to the scheduled examination.

The Board has remanded the case due to insufficient medical opinion regarding the onset of sleep apnea during service and its relation to in-service events. The Veteran's lay statements are accepted as credible for the purposes of the examination.

The Veteran's back disability was rated at 10 percent prior to May 30, 2016 and remains at that level from May 30, 2016 onwards. The current rating is not higher than the minimum compensable rating.

The Board has denied the Veteran's claim for service connection for allergies and remanded her claim of a back disorder due to military service. The appeal is currently in remand status.

The Veteran's service-connected disabilities have rendered her unable to obtain and maintain substantially gainful employment consistent with her educational and occupational background, warranting a TDIU.

The Veteran's claims for sleep apnea and neck disability were denied as new and material evidence was not received. The claims for a skin condition, vision and eye condition, and osteoarthritis are also denied.

The Veteran's claim for an increased disability evaluation for his service-connected lumbosacral strain with mild to moderate degenerative disc disease is being remanded due to the need for a new VA examination.

The Veteran's obstructive sleep apnea is found to have started during his military service and the Board grants service connection for this condition.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's OSA had its onset during service and if it is related to his period of active duty from February 2003 to May 2004. The VA will obtain updated treatment records, conduct a medical opinion, and provide an opportunity for further development.

The Board denied reopening the claims of sleep apnea and bilateral hearing loss due to lack of new and material evidence.

The Veteran's lung cancer, skin rash (seborrheic dermatitis and rosacea), right knee degenerative joint disease, and left knee degenerative joint disease were all denied service connection as they are not related to his military service.,Special monthly compensation based on the need for aid and attendance was also denied due to lack of evidence showing that the Veteran or his spouse required regular assistance.

The Veteran's service-connected disabilities, including PTSD and other conditions such as diabetes, sleep apnea, and back pain, prevent him from obtaining or maintaining substantially gainful employment. The Board grants TDIU prior to December 8, 2016.

The Board has remanded the case for a VA examination to determine the nature and etiology of any acquired psychiatric disorders other than major depressive disorder, including attention deficit disorder (ADD).