Sleep apnea decisions — 2018

The Board has dismissed the Veteran's appeals regarding hearing loss, increased ratings for tinnitus, otitis externa, and hemorrhoids. The Veteran was granted service connection for a right shoulder disorder.

The Veteran's claims for service connection for coronary artery disease with congestive heart failure, sleep apnea, hypertension, and major depressive disorder have been denied.,The Veteran's claim of entitlement to an earlier effective date for the award of service-connected right thigh muscle injury has been granted.

The Veteran's claim for service connection for hypertension, tinnitus, and a respiratory disorder (claimed as asbestosis) is partially granted. The claims of service connection for fibromyalgia, irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), chronic headaches, sleep apnea, and psychiatric disorders are all remanded.

The Board has determined that the Veteran's obstructive sleep apnea first arose during his active duty service, and therefore grants service connection for this condition.

The Board has reopened the claim of service connection for sleep apnea and granted it as secondary to the Veteran's service-connected PTSD.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to his active duty service and grants service connection for this condition.

The Board has granted service connection for sleep apnea, finding that the Veteran's spouse provided credible testimony about his snoring and breathing issues during service.

The Board has decided to remand the case due to unclear dates of service and need for a medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his military service.

The Veteran's low back disability is not service connected as it was not incurred or aggravated by service.,The right ankle calcaneal spurs are not service connected as they were not caused by the in-service injury and there is no evidence of continuity of symptomatology since service.,Tinnitus is service connected as it first manifested during active service and is related to noise exposure in service.,Obstructive sleep apnea is service connected as it was incurred during active service due to exposure to smoke, fumes, and exhaust while in service.,The left leg disability is not service connected as there is no evidence of a current diagnosis or chronicity since service.,The right leg disability is not service connected as the primary condition (right ankle calcaneal spurs) is not service connected.

The Board has granted service connection for obstructive sleep apnea and remanded the issue of an initial rating greater than 30 percent for a psychiatric disability.

The Board has remanded the case for additional development to determine if the Veteran's chronic fatigue is related to her military service, including service in Southwest Asia. The appeal will be reconsidered after this development.

The Board has remanded the case due to new evidence submitted by the Veteran and his request for AOJ review.

The Veteran's tinnitus is found to have originated during service, and the Board grants service connection for this condition. Service connection for hyperlipidemia is denied as it does not constitute a disability warranting compensation. The issues of bilateral hearing loss, erectile dysfunction, sleep apnea, hypertension, sinusitis, and pulmonary fibrosis are remanded due to insufficient evidence.

The Board has denied direct service connection for obstructive sleep apnea, but has remanded the secondary service connection claim due to insufficient evidence.

The Veteran's claim for service connection for a back disability is granted with an effective date of March 16, 2012. A rating of 20 percent is assigned for the entire appeal period.

The Veteran's claims for service connection for sleep apnea and headaches secondary to his service-connected TMJ dysfunction with bruxism have been granted. However, the issues of whether these conditions are aggravated by the service-connected condition remain unresolved.

The Veteran's claims of service connection for right ankle disorder, bilateral foot disorder, sleep apnea, and acquired psychiatric disorder have been reopened. Service connection is granted for these conditions.

The Veteran was denied service connection for diabetes mellitus, hypertension, ASHD, ED, OSA, and MDD. The Board found that the evidence did not support a finding of in-service exposure to herbicide agents.,Service connection for Parkinson's disease was also remanded due to insufficient evidence regarding its onset during active duty.

The Veteran's claims for left knee retro patellofemoral pain syndrome and obstructive sleep apnea have been granted. The claim for restoration of the 30% rating for posttraumatic tension headaches due to TBI has also been granted.

The Board has granted service connection for low back pain, OSA, and DM due to their proximate relationship with the Veteran's service-connected major depressive disorder. The Veteran was also granted an initial disability rating of 70 percent for his major depressive disorder.