Sleep apnea decisions — 2019

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection.

The Board denied service connection for obstructive sleep apnea, finding that the evidence does not show the Veteran's service-connected right knee strain caused his obesity or that obesity caused his obstructive sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred during active duty service and is not otherwise related to active duty service. The claim for service connection is denied.

The Board denied service connection for right shoulder strain and left shoulder contusion, but granted service connection for sleep apnea. The Veteran's right shoulder strain is not related to his time in service, while the left shoulder contusion is considered due to a 1989 car accident. Sleep apnea was found not to be related to service.

The Board has granted service connection for sleep apnea on a secondary basis, finding that it was caused or aggravated by the Veteran's service-connected depressive disorder and tinnitus.

The Veteran's claims for service connection for acquired psychiatric disorder (including PTSD), bilateral hearing loss, migraines, mid and lower back condition, and sleep apnea were denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea as new and relevant evidence had not been submitted, despite a diagnosis of OSA in VA treatment records.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to his service-connected lumbar spine condition, is denied because there is no competent evidence of a current diagnosis of sleep apnea or its signs and symptoms.

The Board has decided to remand the case due to insufficient evidence regarding the etiology of the Veteran's OSA. A VA examination is needed to determine if it had its onset in service, or is related to medication and/or depressive disorder.

The Board has dismissed the appeals for left ankle and right ear hearing loss as withdrawn. The remaining issues of service connection for back, left knee, right ankle, and sleep apnea disabilities are remanded for further development.

The Board has decided to remand the case due to the need for additional development of service treatment records, specifically regarding a sleep study performed during active duty. The Veteran's obstructive sleep apnea is being reviewed again with new evidence.

The Board has determined that the Veteran's hypertension is service connected due to continuity of symptoms since discharge. The remaining issues are remanded for further development, including obtaining VA and private treatment records, as well as scheduling appropriate examinations.

The Veteran's appeals for increased ratings for various conditions were denied. The rating for sleep apnea was not higher than 50%. The rating for sinusitis was not higher than 10%. The right knee strain and instability, as well as the left and right carpal tunnel syndromes, all received their maximum assigned ratings of 20% and 30%, respectively.

The Veteran's service connection claims for testosterone deficiency, right ear hearing loss disability, hypertension, and sleep apnea syndrome are being remanded due to the need for additional medical opinions regarding their etiology.

The Board has vacated the portion of its September 10, 2019 decision that denied entitlement to service connection for heart disorder, OSA, right knee disorder, and migraine headaches. The issues are remanded for further development.

The Board denied service connection for chronic motion sickness, sleep apnea, and chronic athlete’s foot. The Veteran's claim of PTSD was also denied.,Service connection for an acquired psychiatric disorder, to include PTSD, is stayed due to the Blue Water Navy Vietnam Veterans Act of 2019.

The Veteran's claim for an earlier effective date for the grant of service connection for sleep apnea is denied as there was no communication from the Veteran between the November 2013 rating decision and March 30, 2015 when he filed a petition to reopen his previously denied claim.

The Veteran's appeal for service connection for a lumbosacral spine disorder and a fungal disorder of the right hand is dismissed. The effective date of December 23, 2013 for service connection for GERD associated with chronic sinusitis is granted. The appeals for rating in excess of 10 percent for chronic sinusitis and sinus headaches associated with chronic sinusitis and service connection for obstructive sleep apnea are remanded.

The Board has remanded the case due to an incorrect legal standard provided to the medical examiners, and because other potential theories need to be considered. Specifically, the Court held that a service-connected disability can cause incremental increase in impairment of earning capacity from a nonservice-connected disorder, regardless of permanence.

The Veteran's claims for service connection for a low back disability, gastritis, vision disability, sleep apnea, and hypertension have been remanded due to the need for additional medical examinations.,A new effective date of earlier than July 9, 2010, for service connection for coronary artery disease is also being remanded.