Sleep apnea decisions — 2018

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeals related to PTSD, sleep apnea, and coronary artery disease.

The Board denied compensation for the Veteran's sinus disability under 38 U.S.C. § 1151 and service connection for sleep apnea as secondary to residuals of VA nasal surgery due to lack of evidence showing a direct link between his conditions and service.

The Board has determined that the Veteran's sleep apnea and back disorder (scoliosis) are not service-connected, with no clear and unmistakable evidence to rebut the presumption of soundness at entry. The right knee disorder claim is pending as its rating status is unknown.

The Veteran's appeal was denied as the claims for increased ratings were not granted. The conditions, including hearing loss and sleep apnea, did not meet the criteria for higher disability ratings.

The Board has remanded the case for additional development, including obtaining new VA examination records and providing a rationale for opinions regarding whether sleep apnea is caused or aggravated by service-connected diabetes or hypertension.

The Board has granted service connection for various conditions, but denied the Veteran's claims for increased ratings and earlier effective dates. The case is being remanded to issue a Statement of the Case on these issues.

The Board has remanded the case for additional development due to a need for another clinical opinion regarding the Veteran's respiratory disabilities and their relationship to service.

The Board has granted service connection for obstructive sleep apnea and a 10 percent initial evaluation for nightmare disorder. Service connection for tinnitus was denied.

The Board denied service connection for a low back disorder and sleep apnea, finding that the evidence did not support a nexus to service. The Veteran's TDIU claim was also denied as his disabilities were not found to render him unemployable.,Service connection for both conditions could not be established due to lack of in-service injury or continuity of symptomatology.

The Board denied service connection for a low back disability and headaches due to lack of evidence linking these conditions to the Veteran's military service. The VA opinions provided were against the claim, stating that any current low back condition is more likely related to postural factors rather than military service.

The Board has granted service connection for left ear hearing loss and sleep apnea, finding that both conditions are related to the Veteran's military service. The decision also grants a secondary basis of service connection for sleep apnea as it is aggravated by his service-connected status post skull fracture.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for a right foot disability and obstructive sleep apnea, as secondary to his service-connected left ankle mid-foot arch strain.

The Veteran is granted service connection for sleep apnea and a noncompensable disability rating for left ear hearing loss.

The Veteran seeks service connection for sleep apnea, specifically contending that his current sleep apnea is caused or aggravated by his service-connected disabilities, including PTSD and residuals of prostate cancer. The Board finds the current record inadequate to make a fully-informed decision regarding causation and aggravation, and thus remands the case for further development.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea and hypertension are caused by his service-connected PTSD, thus granting service connection for these conditions as secondary to PTSD.

The Veteran's claim for service connection for hyperlipidemia, sleep apnea, and diabetes mellitus was denied. The Board found that hyperlipidemia is not a disability for VA purposes and thus cannot be granted as service-connected.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues on appeal.

The Veteran's neck disability has been rated at 10 percent, and the Board finds that a higher rating is not warranted. For TDIU, the Veteran does not meet the schedular requirements as his combined disability rating is less than 70%.

The Board has remanded the case for additional development, including obtaining STRs and scheduling VA examinations. The appeal will be returned to the AOJ for readjudication.

The Board found that the Veteran's obstructive sleep apnea did not manifest during or as a result of his military service and denied the claim for service connection.