Sleep apnea decisions — 2018

The Board denied service connection for bilateral tinnitus, finding that the Veteran's tinnitus is not related to his military service.,The Board also denied service connection for sleep apnea with hypersomnolence as secondary to a service-connected deviated septum. The Board concluded there was no current diagnosis of sleep apnea or other sleep-related disability in the record.,Regarding bilateral ingrown toenails, the Board found that while the Veteran reported pain and instability, his condition did not meet criteria for a compensable evaluation under VA rating criteria.

The Board has granted service connection for lumbosacral strain, finding that the evidence is at least evenly balanced as to whether the Veteran's back pain existed during service and was thus incurred coincident with service.

The Board has determined that the Veteran's claims for sleep apnea, bilateral hearing loss disability, and kidney disorder must be remanded due to insufficient medical opinions. The claim for service connection for erectile dysfunction as secondary to a service-connected disability is also remanded.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete records, need for further examinations, and other procedural issues. The claims will be adjudicated again after all requested information is obtained.

The Veteran's appeal is remanded for additional opinions regarding her sleep apnea, including whether it is related to service-connected conditions or due to exposure during deployment.

Service connection is denied for sleep apnea, hypertension, diabetes mellitus, and mental disorder (claimed as a psychiatric condition). The Veteran's coronary artery disease is rated at 60 percent since May 23, 2017.,The claim for service connection for tinnitus is remanded.

The Board has remanded the case due to the need for a VA examination regarding the etiology of the Veteran's obstructive sleep apnea, which may be related to service or secondary to his service-connected psychiatric disability.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, radiculopathy of the right lower extremity, and a combined disability rating of 80 percent due to procedural issues. The Veteran is also being asked to provide updated treatment records and undergo a VA examination.

The Veteran withdrew his appeals for the issues of entitlement to service connection for sleep apnea, and entitlement to increased ratings for left femur disabilities. The Board dismissed these appeals as a result.

The Veteran's appeal for special monthly compensation prior to June 11, 2012 was denied as he did not have a single service-connected disability rated at 100 percent or permanently housebound due to service-connected disabilities.

The Veteran's appeal for special monthly compensation prior to June 11, 2012 was denied as he did not have a single service-connected disability rated at 100% and there is no evidence of housebound status due to service-connected disabilities.

The Veteran's lumbar spine disability was granted an increased rating of 40 percent for the period prior to March 15, 2017. For the period beginning March 15, 2017, a higher rating in excess of 40 percent is denied.

The Veteran's appeals for increased evaluations of his service-connected low back disability, left leg radiculopathy, and right leg radiculopathy have been dismissed. The Board has also remanded the issues of service connection for a neck disability and neurological disabilities of the upper extremities.

The Veteran's service-connected disabilities, including depressive disorder and lumbar spine disability, have rendered him unable to secure or follow a substantially gainful occupation since December 19, 2011. The effective date for the award of TDIU is set at December 19, 2011.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea as secondary to PTSD.

This case involves multiple claims for service connection, all denied. The Veteran contends that there was clear and unmistakable error in the September 1993 rating decisions denying his claims for cervical strain, right shoulder impingement syndrome with degenerative arthritis, hypertension with stage 3 chronic kidney disease and renal insufficiency, and degenerative changes of lumbosacral spine. The Board found that there was no CUE in these decisions.,Reasoning: The Veteran's arguments were based on the interpretation of his service treatment records showing injuries sustained during service. However, the Board determined that the RO did not commit CUE as the correct facts were available and correctly applied the laws at the time.

The appeal for service connection for a benign celiac access mass is dismissed. Service connection for obstructive sleep apnea as secondary to the service-connected diabetes mellitus type II is granted.

The Board found that the Veteran's sleep apnea likely arose during his service and granted service connection for this condition.

The Veteran's sleep apnea was not incurred in service and is not etiologically related to service, including as due to the Veteran’s presumed exposure to contaminated water during service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current diagnosis to his active military service.