Sleep apnea decisions — 2018

The Veteran's claims for service connection have been reopened and are granted. However, the Board has determined that sleep apnea, erectile dysfunction, and right knee disability were not incurred in service.

The Veteran's depressive disorder, NOS is granted at a 70% rating since March 28, 2011. Other conditions are either denied or granted with specific ratings.

The Board has granted service connection for tinnitus, but remanded the issue of sleep apnea due to insufficient evidence in the record.

Service connection for sleep apnea is granted. The appeals for increased rating for right lower extremity neuropathy, earlier effective date for left lower extremity radiculopathy, and service connection for shoulder disabilities are dismissed. Service connection for shoulder disabilities is remanded.

The Board has denied a higher disability rating for the Veteran's lumbosacral spine disability and radiculopathy, and has remanded the case to consider entitlement to TDIU.

The Board denied the Veteran's claim for service connection of sleep apnea as secondary to his service-connected back disorder and bilateral lower extremity radiculopathy, finding that the evidence did not show that his service-connected conditions caused him to become obese.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) from January 1, 2011 to February 3, 2013 was granted.

The Veteran's sinusitis, allergic rhinitis, sleep apnea, and non-Hodgkin's lymphoma are all granted as service-connected.,An effective date of August 3, 2011, is assigned for the Veteran’s service-connected radiculopathy of the left lower extremity.

The Board denied the Veteran's claims of service connection for obstructive sleep apnea, hypertension, and bilateral knee disorder due to a lack of evidence linking these conditions to his military service.

The Board dismissed the appeal for Gulf War Syndrome. The effective date of service connection for LUE radiculopathy was granted as September 1, 2011. The Veteran's claims for CFS, sleep apnea and fatigue/sleep disturbance are remanded.

The Veteran's claim for service connection for sarcoidosis was denied as new and material evidence had not been submitted. The claim for sleep apnea, including as due to herbicide exposure, was also denied.

The Board has determined that the Veteran's chronic constipation and obstructive sleep apnea are not related to his service, and thus denied these claims. The case is being remanded for further development.

The Veteran's claim for service connection for obstructive sleep apnea and headache disability has been reopened. A rating of 30 percent, but no higher, is granted for the cervical spine disability.

The Board has determined that the VA examiner's opinion is insufficient and requires further clarification regarding whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD, as well as whether it was aggravated by his mental health condition. The case will be remanded for an addendum opinion from another examiner.

The Board has granted service connection for PTSD and an unspecified depressive disorder, but denied sleep apnea. The case is remanded to obtain private treatment records related to IBS.

The Veteran's bilateral hearing loss is granted as service connected, but his obstructive sleep apnea is denied due to lack of evidence linking it to service.

The Board has denied service connection for obstructive sleep apnea and remanded the issues of service connection for diabetes mellitus type II, bilateral upper and lower extremity peripheral neuropathy, and hearing loss. The Veteran's PTSD is also being remanded.

The Veteran's claim for service connection for a left ankle disability, bilateral hearing loss, tinnitus, posttraumatic stress disorder (PTSD), irritable bowel syndrome with gastroesophageal reflux disease (IBS/GERD), hypertension, fatigue, and various knee and elbow disabilities has been denied as the evidence does not support the presence of these conditions during service or their current existence.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance, warranting SMC based on the need for regular aid and attendance.

The Board has decided to remand the case due to conflicting service records and a need for further verification of the Veteran's active duty service from 2009 to 2013. The claim will be reconsidered with this information.