Sleep apnea decisions — 2019

The Board has determined that additional development is needed for the claims of service connection and increased ratings. The Veteran's gout, right wrist disability, obstructive sleep apnea, knee and ankle degenerative joint diseases, and residuals of ganglion cyst removal are all remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding his claimed disabilities. The VA is instructed to obtain additional evidence and provide further examinations as needed.

The Veteran's claim for service connection for residuals, right shoulder SLAP tear is being remanded due to the need for further examination and evaluation.,Service connection for bilateral hearing loss was denied as there is no evidence of a current diagnosis.

The Veteran's claims for service connection for fibromyalgia, hypertension, obstructive sleep apnea (OSA), diabetes mellitus, erectile dysfunction, and bilateral knee disability are denied. The Veteran's claims for initial ratings greater than 10 percent for his lumbosacral spine disability, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity are remanded.

The Board has remanded the Veteran's claims for service connection for various disabilities, including lung disability, heart disability, hypothyroidism, diabetes mellitus, sleep apnea (secondary to a service connected condition), and an acquired psychiatric disorder (including PTSD). The remand requires further development related to in-service exposure to chemicals and/or herbicides.

The Board has decided that the Veteran's claim for service connection for sleep apnea, to include as secondary to PTSD, requires additional development and is therefore remanded.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for an acquired psychiatric disorder, including PTSD. The claims for service connection for a lumbar spine disability, peripheral neuropathy of the left lower extremity, and sleep apnea are remanded.

The Veteran's tinnitus and diabetes mellitus claims have been granted. The remaining issues, including service connection for an acquired psychiatric disorder (claimed as PTSD and depression), hypertension, sleep apnea syndrome, erectile dysfunction, and left ankle disorder, are remanded for further development.

The Board has granted service connection for sleep apnea as secondary to the service-connected GERD, but has remanded the issue of service connection for generalized anxiety disorder (GAD) as secondary to the service-connected GERD.

The Board has determined that the Veteran's current Obstructive Sleep Apnea is related to his service-connected Posttraumatic Stress Disorder, and thus grants service connection for OSA as due to PTSD.

The Board has decided to reopen the Veteran's claim for service connection for sleep apnea, but remanded it due to the need for a new VA examination. The Veteran is seeking service connection for his sleep apnea as secondary to his service-connected psychiatric disorder.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not proximately caused or aggravated by his service-connected maxillary sinusitis.

The Board has decided to remand the case due to a duty-to-assist error, requiring further examination and opinion regarding whether the Veteran's sleep apnea is caused or aggravated by service-connected allergic rhinitis with deviated septum.

The Veteran's claims for service connection for sleep apnea, hypertension, and kidney stones were denied. The claim for initial disability rating for coronary artery disease prior to September 5, 2018 was granted with a staged rating from that date forward.,The Veteran's claims for initial disability ratings in excess of 60 percent for coronary artery disease and diabetes mellitus, type II prior to September 5, 2018 were denied. The reduction of the initial disability rating for diabetes mellitus, type II from 20 percent to 10 percent effective September 5, 2018 was upheld.,The Veteran's claims for effective dates prior to May 28, 2014 for service connection for coronary artery disease and diabetes mellitus, type II were denied.

The Board has remanded the cases for additional development due to the need for updated clinical records and examinations of the Veteran's service-connected left Achilles tendon injury, lumbosacral strain, and eustachian tube dysfunction.

The Board has remanded several issues related to the Veteran's claims, including service connection for various conditions such as cervical spine disability, fibromyalgia, bilateral knee and hip disabilities, sleep apnea, headaches, and digestive disorders. The reasons for these remands include insufficient medical opinions regarding the relationship between the claimed conditions and the Veteran's military service.,The issues of service connection are being addressed due to a lack of sufficient evidence or reasoning provided by VA examiners in previous examinations.

The Board has decided to remand the Veteran's claims for service connection for sleep apnea and an acquired psychiatric disability due to insufficient evidence. The Veteran is required to provide additional medical records, including those from his time in VA care between 1981 and 1990. He also needs to undergo VA examinations to determine if his current conditions are related to his military service or service-connected disabilities.

The Veteran's GERD is being remanded due to insufficient evidence regarding its onset during service and whether it was aggravated by his PTSD.,The Veteran's rheumatoid arthritis is being remanded because the examiner did not address the Veteran’s statements about symptoms during service and failed to consider private treatment records for a diagnosis in 2011.,The Veteran's sleep disorder, including obstructive sleep apnea and upper respiratory disorder, is being remanded due to insufficient evidence regarding its onset during service and whether it was related to his rheumatoid arthritis.

The Board has granted service connection for bilateral hearing loss and remanded the issues regarding sleep apnea, left inguinal hernia, sinus or respiratory disability, cervical spine disorder, numbness in the left hand/fingers, and left eye surgery. The right inguinal hernia with scar issue is also being remanded.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation from February 16, 2016, to September 10, 2017. The TDIU is granted during this period and the appeal for a temporary total evaluation due to hernia repair is remanded.