Sleep apnea decisions — 2018

The Board denied the Veteran's claim for an earlier effective date for TDIU due to service-connected disabilities, finding that no communication relating to unemployability existed between the January 2011 rating decision and the May 2014 claim. The combined rating of his service connected disorders did not meet the schedular requirements for a TDIU prior to May 19, 2014.

The Board has granted service connection for allergic rhinitis, sleep apnea, gastroesophageal reflux disease (GERD), and an acquired psychiatric disorder. The remaining issues have been remanded.

The Veteran's low back disability has not been characterized by the required range of motion for a higher rating, and therefore her claim for a higher rating is denied.

The Veteran's lumbar spine disorder and radiculopathy of the left lower extremity are rated at 20 percent, but no higher. The lumbar spine disorder is currently rated as 20 percent disabling from February 17, 2015.

The Board denied service connection for left and right knee disabilities, including as secondary to a service-connected right ankle disability, and sleep apnea. The evidence did not support the Veteran's claims of in-service injury or chronicity of symptoms.

The Board has granted service connection for sleep apnea and remanded the claims for left knee disorders, hypertension/high blood pressure, and diabetes mellitus, type II.

The Veteran's petition to reopen the claim for service connection for gastroesophageal reflux disease was denied. The petition to reopen the claim for headaches was granted, but the claim for sleep apnea remains not established. Service connection for left varicocele and recurrent low back strain with mechanical low back pain and lumbar spasm were both denied.

The Board denied service connection for a right foot disability, left foot disability, sleep apnea, and an acquired psychiatric disorder manifested by insomnia.,All four claims were denied as the evidence did not support a finding that any of these conditions are related to military service.

The Veteran's claim for an increased rating for other specified depressive disorder with other specified anxiety disorder was denied as the symptoms do not meet or approximate the criteria for a higher disability rating.,Service connection for renal insufficiency was denied because there is no evidence of current renal dysfunction and the Veteran does not have a diagnosis of renal insufficiency.

The Veteran's death was not caused by any service-connected disability, and he did not meet the requirements for DIC under 38 U.S.C. § 1318.

The Veteran's claim for service connection for an eye disorder, major depressive disorder, and sleep apnea has been granted. The claims are remanded to obtain additional medical opinions regarding the relationship between these conditions and exposure to contaminated water at Camp Lejeune.,Service connection is established for major depressive disorder as secondary to a service-connected condition (major depressive disorder). Service connection is also established for sleep apnea as secondary to major depressive disorder.

The Veteran's claim for service connection for sleep apnea has been denied.,The issue of secondary service connection for peripheral neuropathy of the upper and lower extremities to diabetes mellitus (DM) is remanded.

The Veteran's appeal is remanded for a VA Gulf War examination to determine the nature, onset, and etiology of his sleep apnea. The examiner will address whether the Veteran’s disability pattern is related to presumed environmental exposures during service in Southwest Asia or any other event or circumstance of service.

The Veteran's 40 percent rating for chronic lumbosacral strain/sprain syndrome with degenerative joint disease (back disability) was restored effective May 1, 2016.

The Veteran's right wrist CTS release surgery is rated at 50 percent since September 25, 2013. The Veteran's left wrist CTS release surgery is rated at 40 percent since the same date. Service connection for OSA was denied. A TDIU has been granted due to service-connected disabilities.

The Veteran's claim for service connection for obstructive and restrictive pulmonary disease with sleep apnea is granted, effective June 15, 2005. The effective date of the grant of TDIU is also set at August 15, 2003.

The Veteran's claims for service connection of right knee, left knee, and sleep apnea disabilities are remanded due to the need for additional medical examinations. The current rating for PTSD remains at 70 percent.

The Veteran's appeal for sleep apnea was dismissed. The claims for right ear hearing loss, tinnitus, and PTSD were not granted as the evidence did not support a finding of service connection.

The Board has remanded the claims of service connection for sleep apnea and hypertension due to insufficient evidence. The Veteran's claim for sleep apnea is reopened, but a new medical opinion is needed regarding its onset during service or relationship with his posttraumatic stress disorder. For hypertension, a new medical opinion is required to address whether it was caused by diabetes mellitus.

The Veteran's service connection claims for an acquired psychiatric disorder, tinnitus, sleep apnea, and headaches are all granted.