Sleep apnea decisions — 2018

The Board has granted service connection for PTSD. The remaining claims of service connection for multiple joint arthritis, bilateral hearing loss, sleep apnea, diabetes mellitus type II, peripheral neuropathy of the upper and lower extremities, and organic impotence are remanded due to outstanding VA treatment records.

The Board has dismissed the appeal for all service connection claims due to the appellant's withdrawal of the appeal.

The Board has reopened the claims for service connection for migraine headaches, cervical spine injury, thoracic spine injury, and heat stroke residuals. The issues of service connection for tinnitus, bilateral shoulder condition, bilateral hip condition, bilateral foot condition, chronic fatigue syndrome, lung and chest pain/condition, and sleep apnea are also remanded.

The Veteran's back disability is rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating as there are no findings of ankylosis or incapacitating episodes.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to his military service or a service-connected disability. The case is being remanded for additional examinations and consideration of the Veteran's claims for increased ratings for Hepatitis C and peripheral neuropathy.

The Board has granted service connection for obstructive sleep apnea as aggravated by a service-connected postoperative deviated nasal septum, but denied service connection for cardiac disorder, gastrointestinal disorder, lower back disorder, and hypertension.

The Board has decided that the Veteran's obstructive sleep apnea may be related to his COPD, but more evidence is needed to determine if it had its onset during service or was aggravated by COPD.

The Board has determined that the VA etiological opinion is inadequate and requires additional examination to address all relevant in-service and current diagnoses, as well as the Veteran's reported history of chronic lower back pain.

The Board has remanded the case due to additional VA treatment records received after an appeal was initiated, and these records need to be reviewed by the AOJ before a decision can be made on whether service connection for sleep apnea should be granted based on migraine headaches.

The appeal to reopen a service connection claim for bronchitis is denied. The Board has remanded the issues of service connection for sleep apnea and hypertension.

The Board denied service connection for a heart disability (claimed as atrial fibrillation) and sleep apnea, finding no evidence of in-service injury or disease that could be linked to the current conditions.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 20 percent, and the Board finds no basis for an increased rating.

The Board has remanded the claims for erectile dysfunction, migraine headaches, sinusitis, and sleep apnea due to missing service records. The Veteran's attorney argues that these conditions are related to undiagnosed illnesses or chronic multisymptom illnesses.

The Board has denied service connection for sleep apnea and a sleep disorder other than sleep apnea, as there is no evidence of such conditions during or related to active duty. The Veteran's claims for sinus and respiratory disorders are remanded due to the need for additional medical opinions regarding potential exposure to toxins.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected asthma, but needs further examination and evidence to determine this definitively.

The Board has decided to remand the case for further development and an opinion regarding the etiology of the Veteran's back disability, including whether it is related to service or any pre-existing conditions.

The appeals for various conditions have been dismissed due to the Veteran's death.

The Veteran's death was not due to a service-connected disability, as his chondrosarcoma did not manifest within one year of separation from active duty and is not otherwise related to service. The Board found that the cause of death was sepsis due to metastatic chondrosarcoma.

The Veteran has withdrawn his appeal regarding the increased rating for lumbosacral strain, status post back surgery for degenerative disc disease. As a result, this issue is dismissed.

The Veteran's claims for hypertension, tinnitus, right ear hearing loss, left ear hearing loss, headaches, sleep apnea, diabetes mellitus, peripheral neuropathy (left upper extremity), peripheral neuropathy (right upper extremity), peripheral neuropathy (sciatic nerve, left lower extremity), peripheral neuropathy (sciatic nerve, right lower extremity), and peripheral neuropathy (femoral nerve, left lower extremity) are all denied. The Board has remanded the claims for these conditions.