Sleep apnea decisions — 2018

The September 5, 1991 rating decision was revised to grant service connection for the back disorder of lumbar spondylolisthesis effective May 21, 1991 due to clear and unmistakable error (CUE). The claim was originally denied based on a presumption of soundness, but the evidence showed that the condition likely worsened during service.

The Board has granted service connection for allergic rhinitis, obstructive sleep apnea (OSA), and onychomycosis as these conditions are found to have had their onset during the Veteran's active service.

The Veteran's lumbar spine condition was granted a 20% rating from November 30, 2016. The right forearm condition received an initial 10% rating for painful flexion and a separate 10% rating for limited extension.

The Board has remanded the Veteran's claims for hypertension, left leg disability (including left knee and right elbow), sleep apnea, and residuals of an oral injury due to lack of a VA examination. The Veteran is requested to provide lay statements and undergo examinations.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no link between his current condition and his military service.

The Board has denied reopening of claims for service connection for tinnitus and sleep apnea, but has remanded the issues of increased rating for major depressive disorder and TDIU.

The Veteran's bilateral hearing loss disability is currently rated as noncompensable, and a higher rating is not warranted.,The Veteran's tinnitus is currently rated as 10 percent disabling, which is the maximum schedular rating available.

The Board denied service connection for obstructive sleep apnea, finding that it was not incurred or aggravated by service and is unrelated to any service-connected condition.

The Board has determined that the Veteran's sleep apnea began during service and has been continuous since then, granting service connection for this condition.

The Board has remanded the claims of service connection for various disabilities due to incomplete records and the need to obtain additional information.

The Board has determined that additional development is needed for the claims of service connection for various conditions, including right eye retina disability, bilateral hearing loss, COPD, sleep apnea, high blood pressure, constipation, PTSD, GERD, ED, and prostate failure. The Veteran's service in Vietnam is conceded, and he contends his conditions are related to Agent Orange exposure.

The Board denied service connection for sleep apnea as the evidence does not support a finding that it began during service or is related to an in-service injury, event, or disease.

The Board has decided that the Veteran's obstructive sleep apnea may be related to his service-connected chronic fatigue syndrome, but more evidence is needed to determine if it was aggravated by his service-connected condition.

The Board has remanded the claims due to additional development being required, including consideration of new VA treatment and examination records.

The Veteran's appeals for service connection for diabetes and hypertension were dismissed. The Board also denied increased ratings for her degenerative arthritis of the left knee and meniscal tear with degenerative arthritis of the right knee, but granted a separate rating of 10 percent for painful extension of each knee. Service connection was denied for tinnitus, sleep apnea, herniated cervical disc, and lumbar spine condition.

The Veteran's obstructive sleep apnea is found to have had its onset during his active military service and granted as a direct result of service connection.

The Veteran's obstructive sleep apnea was diagnosed during service and is considered to have started there, meeting the criteria for service connection.

The Board has vacated the January 2018 decision denying service connection for various conditions, including cervical spine disorder, thoracolumbar spine disorder, left leg disorder, right leg disorder, hearing loss of the right ear, OSA, blood platelet disorder, and thyroid condition. The issues are remanded for further development.

The Board has granted service connection for sleep apnea and deep vein thrombosis, both considered as direct service connections. The Veteran's TDIU claim is also granted due to his service-connected disabilities.