Sleep apnea decisions — 2018

The Board has determined that the Veteran's obstructive sleep apnea had its onset during active duty service and granted service connection for this condition.

The Board has determined that the Veteran's sleep apnea had onset during a period of active service and granted service connection for this condition. The issue of an initial compensable rating for nocturnal enuresis is remanded.

The case is being remanded for additional development, including obtaining verification of the Veteran's periods of active duty and scheduling examinations to determine the nature and etiology of his back condition, acquired psychiatric disorder, sleep apnea, and bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is at least in equipoise with the evidence, and therefore service connection for this condition is granted.

The Veteran's service connection for sleep apnea and hypertension (HTN) have been denied. The Board found that the Veteran's acquired psychiatric disorder, including PTSD, anxiety disorder, and MDD, warrants a disability rating of 50 percent prior to June 13, 2017.

The Veteran's service-connected obstructive sleep apnea with asthma was found to meet the criteria for a 60 percent disability rating from December 5, 2014 to December 4, 2015. Prior to that date, the predominant condition was obstructive sleep apnea.

The Veteran's appeal has been dismissed as he requested withdrawal of the appeal.

The Veteran's claims for service connection are mixed, with some issues granted and others not.,The appeal involves multiple conditions including low back/lumbar spine condition, dizziness, neck and cervical spine pathology, sleep apnea, headaches, and memory loss.

The Veteran's lumbosacral sprain with IVDS and DDD warrants a rating of 40 percent, but no higher. The service connection for right ankle degenerative changes is granted. Service connection for left ankle degenerative changes as secondary to the right ankle disability is also granted.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and a clinical opinion regarding the relationship between his PTSD and sleep apnea.

The Veteran withdrew his appeals concerning the claims of entitlement to service connection for sleep apnea and to a rating in excess of 70 percent for bipolar disorder.

The Board has determined that a remand is necessary to obtain a VA examination and to consider the Veteran's claim for service connection for sleep apnea on both direct and secondary bases.

The Veteran's bilateral hearing loss disability and tinnitus are found to be related to service, while the low back and neck disabilities remain in dispute due to lack of medical evidence.

The Board has denied the Veteran's claims for service connection for atopic dermatitis, sleep apnea, hyperlipidemia, an acquired psychiatric disorder (to include PTSD and anxiety disorder), chronic sleep impairment, bilateral hearing loss, tinnitus, bilateral knee disability, diabetes mellitus type II, and nephropathy with hypertension. The Board found that the evidence did not support a relationship between these conditions and service or any presumptive exposure to Agent Orange.

The Veteran's sleep apnea was not incurred in or caused by service and was not caused or aggravated by a service connected disease or injury.

The Board denied the Veteran's claims for service connection for various conditions, including thyroid disability, throat disability, hair loss, muscle weakness, defective vision (related to TBI), gastroesophageal reflux disease (GERD), Bell's palsy, gall bladder dysfunction, recurrent allergies, sleep apnea, and hypertension. The decision found that the Veteran did not have a chronic disability manifested by these conditions during service or within one year of separation, and thus could not establish direct service connection.

The Veteran's low back disability was granted a 40 percent rating effective August 10, 2017. The left ankle sprain and GERD were each granted increased ratings.

The Veteran's claim for earlier effective date for service connection for obstructive sleep apnea was denied. The Board found that the earliest possible effective date is January 22, 2007. For special monthly compensation based upon aid and attendance or housebound status, the Veteran's condition does not meet the criteria as he can feed himself and prepare his own meals.

The Board denied the Veteran's claims for service connection for PTSD, hypertension, bilateral hearing loss, irritable bowel syndrome, acid reflux, headaches, and sleep apnea. The claim for PTSD was reopened but not granted due to lack of new and material evidence.