Sleep apnea decisions — 2018

The Board has granted service connection for tinnitus and diabetes, but has remanded the issues of service connection for obstructive sleep apnea and erectile dysfunction.

The Veteran's hearing loss, sinus disability, obstructive sleep apnea, hypertension, and disabilities of the veins in each leg are not service-connected as they did not arise during a period of active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).,Hemorrhoids were also not service-connected as there is no evidence that they arose during ACDUTRA or INACDUTRA.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) was incurred during his active service, and thus grants service connection for OSA.

The Veteran's lumbar spine disability is rated at 20% since February 22, 2013. The Board has granted an initial rating of 20% for the lumbar spine disability beginning February 22, 2013. However, other issues such as service connection for a spleen disability and right knee disability are remanded due to lack of proper examination.

The Veteran's service-connected obstructive sleep apnea is granted as secondary to his service-connected chronic pulmonary condition.,The Veteran's service-connected depression is granted as related to his service-connected disabilities.,An earlier effective date of June 4, 2013 for the grant of service connection for tinnitus is granted.,An earlier effective date of November 23, 2009 for the grant of service connection for a chronic pulmonary condition with restrictive and obstructive lung disease is granted.,The Veteran's claim for higher disability evaluation for bilateral hearing loss is remanded.,The Veteran's claim for an earlier effective date for a 10% disability evaluation for service-connected bilateral hearing loss is remanded.,The Veteran's potential eligibility under 38 C.F.R. § 3.324 is inextricably intertwined with the increased rating claims and will be addressed on remand.

The Veteran's PTSD has been rated at 70 percent since January 16, 2013. The Board is remanding the issue of service connection for sleep apnea.

The Veteran's claim for an earlier effective date for service connection of lumbosacral strain with degenerative disc disease was denied. The Board found that the September 1978 and August 1998 rating decisions denying service connection were final, as there was no CUE in these decisions.

The Board has determined that the Veteran's chronic sinusitis, hemorrhoids, tinnitus, and lumbosacral disability are not related to his active service.,Service connection for hypertension is granted at a 10 percent rating.

The Veteran's claims for sleep apnea, PTSD, and depression have been denied. The claim for neurologic disability (memory loss) is remanded due to lack of evidence linking the condition to service.

The Board has determined that a VA examination is necessary to determine if the Veteran's sleep apnea is related to his service, specifically his service in Southwest Asia during the Gulf War.

The Board has determined that VA did not fulfill its duty to assist in this case and has remanded the claims for further development of the Veteran’s service connection claims.

The Board has decided to remand the Veteran's claims for sleep apnea and hypertension due to herbicide exposure during service. The claims will be reviewed again with additional medical opinions.

The Board has granted service connection for PTSD and remanded the issue of service connection for OSA. The Veteran's TDIU claim is inextricably intertwined with her pending service connection claims.

The Veteran's hypertension was granted service connection. The Board also remanded the issue of secondary service connection for sleep apnea to the AOJ.

The Board has remanded the claims for obstructive sleep apnea, peripheral neuropathy of the left upper extremity, and peripheral neuropathy of the right upper extremity due to procedural issues. The Veteran's claim for TDIU is also being remanded.

The Veteran's claim for earlier effective dates for the increased ratings of his service-connected sleep apnea is denied. The earliest possible effective date is May 14, 2013.

The Board has determined that the Veteran's claims for service connection for COPD and sleep apnea (to include as secondary to COPD) need further clarification due to inadequate medical opinions. The case is being remanded to obtain new opinions from VA clinicians.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not caused by his service-connected PTSD, and thus grants service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the claims of service connection for residuals of a head injury, back injury, sleep apnea, and hypertension due to lack of substantial compliance with previous remand directives.