Sleep apnea decisions — 2018

The Board denied service connection for sleep apnea as the evidence did not support a finding that it began during active service or was related to an in-service injury, event, or disease.

The Veteran's claim for service connection for sleep apnea (claimed as sleep disturbances) has been reopened due to the submission of new and material evidence. The case is remanded for further examination and analysis.

The Veteran's claim for a rating in excess of 10 percent for lumbar strain with IVDS prior to July 10, 2014, is denied. A rating of 60 percent, but no more, for lumbar strain with IVDS since July 10, 2014, is granted. The Veteran's claims for service connection for sleep apnea, ulcers, and erectile dysfunction are REMANDED.

The Veteran's bilateral foot fungus is related to military service and granted. The issues of low back disability, right knee disability, asthma, sleep apnea, and acquired psychiatric disability are remanded for further development.

The Board has remanded the Veteran's claims for increased ratings for lumbosacral strain and a right ankle condition, as well as his claim for TDIU. The remand is due to insufficient examinations and the need for updated VA treatment records.

The Board has remanded the Veteran's claims of service connection for various conditions, including left and right knee disabilities, bilateral hearing loss, tinnitus, back disability, hip disabilities, ankle disabilities, sleep apnea, inguinal hernia, psychiatric disorders, and dyslipidemia. The appeals are pending due to insufficient evidence or need for further evaluation.

The Board has reopened the Veteran's claims for service connection for obstructive sleep apnea and bilateral hearing loss, as new and material evidence was received. The claim for bilateral hearing loss is granted.

The Veteran's claim for service connection for a back condition was denied due to lack of evidence linking the current condition to military service. The new and material evidence submitted did not provide such evidence.,The Veteran's claim for service connection for obstructive sleep apnea was denied as there was no evidence showing it was related to his service-connected post-traumatic headaches or any other aspect of his military service.

The Veteran's PTSD symptoms have led to a grant of a 70% rating for PTSD, effective from May 31, 2016.

The Veteran's sleep apnea is granted as service-connected. The initial compensable rating for lumbar degenerative disc disease, left knee disability, right ankle degenerative joint disease, and erectile dysfunction are all denied.

The Veteran withdrew his appeal for the claim of service connection for sleep apnea before a decision was made.

The Board has granted an effective date of November 18, 2010 for the assignment of a separate 10 percent rating for radiculopathy of the right lower extremity as a neurological manifestation of service-connected DDD of the lumbar spine.

The Veteran's claims for service connection for a dental disability, erectile dysfunction, and obstructive sleep apnea were denied. The Board found that the evidence did not support these claims as they were not related to service or service-connected conditions.

The Veteran's appeal regarding a rating in excess of 50 percent for sleep apnea is denied. The Veteran's appeal to restore a 100% disability rating for prostate cancer is also denied due to the correct procedures being followed and evidence showing improvement.

The Board denied service connection for fibromyalgia, chronic fatigue syndrome (CFS), and chronic headaches. The Veteran's hypertension was not found to be related to service or a service-connected condition.,Service connection for the respiratory disorder claimed as an upper airway cough syndrome is also denied.

The Board has remanded the claims for right medial epicondylitis and mild degenerative changes of the lumbosacral spine due to a lack of recent VA examinations. The claim for a 10 percent rating based on multiple, noncompensable service-connected disabilities is also remanded as it is inextricably intertwined with the other claims.

The Board has denied service connection for obstructive sleep apnea, but has remanded the issue of service connection for hypertension. The Veteran's current diagnoses are obstructive sleep apnea and hypertension.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, has been granted. The claim for service connection for obstructive sleep apnea is remanded due to the need for additional development.

The Veteran's obstructive sleep apnea is not shown to have been incurred in service or for many years thereafter, and the Board finds that it is not related to his service-connected psychiatric disability. Therefore, service connection for OSA is denied.

The Board has remanded the Veteran's claims of service connection for a sleep disorder, as well as his increased rating claims for low back and bilateral knee disabilities. The claims are being remanded to allow for further development including obtaining VA treatment records and scheduling new examinations.