Sleep apnea decisions — 2018

The Board found that the Veteran's sleep apnea was not incurred in service and is not related to his service-connected hypertension. The preponderance of evidence supports a denial of the claim.

The Board has determined that the Veteran's sleep apnea is not etiologically related to his service, and therefore denied the claim for service connection.

The Board denied the Veteran's claims for effective dates earlier than July 5, 2016 for service connection of obstructive sleep apnea and lumbar spine degenerative disc disease. The propriety of separate noncompensable ratings for instability of the right and left knees was also addressed but not decided as it is part of higher rating claims. Additionally, the issue of entitlement to a TDIU prior to July 5, 2016 remains on appeal.

The Veteran has been rated as 60 percent disabled for back disability since May 15, 1996. The Board finds that the Veteran is unemployable due to service-connected disabilities and grants TDIU from May 15, 1996 to January 23, 2007.

The Board granted service connection for sleep apnea and assigned a 50 percent disability evaluation. The claim of service connection for low back disorder was denied.

The Veteran's claim for service connection for a sleep disability, to include sleep apnea, is denied as the evidence does not support a finding that his current sleep issues are related to his military service.

The Board has determined that the Veteran's sleep apnea did not have its onset during any period of active duty service and is not otherwise etiologically related to service. As a result, the claim for service connection for sleep apnea is denied.

The Board has determined that the Veteran's bilateral wrist disability and obstructive sleep apnea are related to his active service, granting service connection for both conditions.

The Board found that the Veteran's character of discharge from service for the period prior to February 2, 1991 was not a bar to VA benefits. However, his subsequent service during and after this period is considered dishonorable, thus barring him from receiving VA compensation benefits for any diseases or injuries incurred or aggravated during these periods.

The Board has determined that the Veteran's sleep apnea and limb movement disorder are as likely as not having had their clinical onset in service, thus granting service connection for these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine the etiology of his back disabilities. The neuropathy claims are also inextricably intertwined with the back claims.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected restrictive lung disease and to determine the nature, extent, and etiology of his sleep apnea.

The Board has determined that the claim for service connection for sleep apnea requires additional development as there are missing VA treatment records and a need to obtain any relevant private care provider records.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for lumbosacral strain. The issues of increased ratings for residuals of crushing injury, right foot, with scar and plantar fasciitis; compensable disability rating for Achilles tendinitis right heel; compensable disability rating for Achilles tendinitis left heel; and total disability rating based on individual unemployability (TDIU) are being remanded due to the need for additional development.

The Veteran's appeal is being remanded due to the need for additional VA examinations and medical opinions regarding his claims of bilateral hearing loss and sleep apnea.

The Board has determined that the Veteran's bilateral hearing loss is at least as likely as not caused by in-service noise exposure, and service connection for this condition is granted. However, the Board found insufficient evidence to establish a link between the Veteran's low back disability and his military service.

The Veteran's appeal is being remanded due to insufficient evidence regarding the progression of his retinitis pigmentosa during service. The issues of SMC for aid and attendance, TDIU, and service connection are all inextricably intertwined and must be addressed together.

The Board has granted the Veteran's claims for service connection for tinnitus, PTSD with depression and anxiety, GERD, and an acquired psychiatric disorder. The claim for left wrist disability is pending as it requires further examination.

The Veteran's appeal is being remanded for additional development to include obtaining medical records, scheduling VA examinations, and readjudicating the claims.

The Board found that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection.