Sleep apnea decisions — 2018

The Veteran's service-connected disabilities (depression and sleep apnea) prevented him from obtaining and retaining substantially gainful employment, leading to a grant of Total Disability Rating Based on Individual Unemployability (TDIU).

The Board denied earlier effective dates for increased ratings of the appellant's service-connected right knee disability, but remanded the issue of service connection for obstructive sleep apnea.,Further development is needed to determine if the appellant's obstructive sleep apnea was incurred during his active service or related to his service-connected chronic allergic rhinitis with sinusitis.

The Board has remanded the Veteran's claims due to the need for further examination and clarification of his wishes regarding certain issues.

The Board has remanded the Veteran's claims for service connection for sleep apnea secondary to PTSD and for an increased rating for PTSD. The issues are being remanded due to insufficient medical opinions regarding the relationship between PTSD and sleep apnea, as well as the need for additional VA examinations.

The Board has reopened the claims for service connection of diabetes mellitus, hypertension, sleep apnea, obesity, vision impairment (astigmatism), and high cholesterol. The appeals are allowed to this extent.

The Board has remanded the claims for service connection for a left knee condition, sleep apnea, hypertension, acid reflux, erectile dysfunction, and an acquired psychiatric disorder (including posttraumatic stress disorder, depressive disorder, anxiety disorder, and nightmare disorder).,The Court vacated the Board's decision on the increased rating for cervical spine disability and left ankle disability. The issues of service connection are inextricably intertwined with PTSD.,The Court also remanded the claim for hypertension and acid reflux due to their relationship with PTSD. Additional development is needed regarding gastroesophageal reflux disease (GERD).,The Veteran's representative noted that he was taking issue with VA examinations provided in January 2012 and June 2015, which would encompass the rating period for the 30 percent rating.,The Court also remanded the claim for an increased rating higher than 30 percent for cervical spine disability effective from January 2, 2014. The Veteran's representative noted that he was taking issue with VA examinations provided in January 2012 and June 2015, which would encompass the rating period for the 30 percent rating.,The Court also remanded the claim for an increased rating higher than 10 percent for left ankle disability. The Veteran's representative noted that he was taking issue with VA examinations provided in January 2012 and June 2015, which would encompass the rating period for the 30 percent rating.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected lumbar spine strain and radiculopathy of the left lower extremity. The issue of service connection for insomnia is remanded.

The Veteran's claim for service connection for headaches is reopened due to new evidence showing a link between his service-connected sinusitis and his headaches. The claims for higher ratings for various disabilities, including psychiatric disorder, bilateral hearing loss, sinusitis, rhinitis, hemorrhoids, appendectomy residuals, scar of the right middle finger, obstructive sleep apnea, and TDIU are all remanded for further development.

The Veteran's claims for service connection are remanded due to the need for additional examinations and opinions regarding the etiology of her claimed conditions.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions. The issues include mental health disorders, sleep apnea, headaches, bilateral hearing loss, tinnitus, back disorder, right leg disorder, left leg disorder, kidney cancer, and erectile dysfunction.

The Board denied service connection for sleep apnea syndrome, finding that the preponderance of evidence did not support a link between current sleep apnea and service. The rating for the back disability was restored to 40% after being reduced due to CUE, but the Veteran's request for an increased rating beyond 40% was denied.,The scars were rated at 10%, with no increase sought or granted.

The Board has granted service connection for coronary artery disease, hypertension, and obstructive sleep apnea as secondary to the Veteran's service-connected PTSD. The effective date is set at July 28, 2014, which was when the Veteran filed his claim.

The Board denied the Veteran's claims for service connection for bilateral sensorineural hearing loss and sleep apnea with CPAP, finding no current disability or evidence of in-service incurrence or aggravation.

The Veteran's claim for service connection for asthma was denied in July 2002 and has not been reopened.,The Veteran's claim for service connection for sleep apnea was denied as there is no evidence of the condition during or within a year after service.,The Veteran's claim for service connection for diverticulitis was denied due to lack of evidence of the condition during or within a year after service.,The Veteran's claim for service connection for GERD, secondary to exposure at Camp Lejeune, was granted based on VA medical opinion.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea, bilateral foot condition (plantar fasciitis), and bilateral carpal tunnel syndrome due to incomplete records and need for further examination.

The Veteran's claims for service connection for right shoulder condition, migraines, sleep disorder (claimed as sleep apnea), and hypertension have been reopened.,However, the Board has determined that there is no current diagnosis of any of these conditions.

The Board has denied the Veteran's claims for service connection for hypertension, diabetes mellitus type II, erectile dysfunction (vasectomy), Hepatitis C and a liver disorder, thigh scarring as secondary to Hepatitis C, scars from injections associated with Hepatitis C, headaches including migraines, and a cognitive disorder to include Alzheimer's disease. The appeals are remanded due to the need for additional examinations and evaluations.

The Board has remanded the cases due to outstanding military records and inadequate VA examination for neck disability. The claims for service connection are not decided yet.

The Board has decided to remand the case due to insufficient information on whether the Veteran's sleep apnea is related to his service-connected psychiatric disability.

The Veteran's claims for service connection for bilateral hearing loss and TBI have been reopened, with the claim for allergic rhinitis with epistaxis being denied.,Service connection has been granted for migraine and post-concussion traumatic headaches.