Sleep apnea decisions — 2019

The Board has determined that additional medical opinions are needed to decide the claim for service connection of sleep apnea, as there is conflicting evidence and insufficient opinions in the record.

The Board has remanded the claims of service connection for a back disability and sleep apnea due to new and material evidence having been received. The Veteran's current diagnoses include sleep apnea, which is granted as service connected. For his back disability, an addendum opinion is needed from a VA examiner regarding its etiology.

The appeals for service connection of coronary artery disease, obstructive sleep apnea, and lung cancer have been dismissed due to the death of the appellant.

Service connection for hypertension, left shoulder injury, right shoulder injury, stroke, degenerative disk disease of the cervical spine (claimed as upper back and neck condition), and degenerative joint disease of the thoracolumbosacral spine (claimed as back condition) is denied.,The Veteran's service connection claim for left shoulder injury and right shoulder injury is dismissed due to a pending legacy appeal.

The appeals of the denials of entitlement to a disability rating in excess of 30 percent for PTSD, service connection for tinnitus, service connection for sleep apnea, and service connection for bilateral hearing loss are dismissed.

The Board has denied service connection for bilateral feet and remanded the issue of service connection for obstructive sleep apnea. The Veteran's bilateral pes planus pre-existed service, and there is no evidence of aggravation during service. Service connection for obstructive sleep apnea is remanded due to a duty to assist error.

The Board has remanded the case due to insufficient evidence regarding the Veteran's recurrent sleep disability, including obstructive sleep apnea. The Veteran needs to provide VA Form 21-4142 for all private healthcare providers who have treated him and obtain his VA treatment records after July 2019. A VA sleep examination is needed to determine if any identified sleep disability had its onset during active service or is related to any incident of service.

The Board denied service connection for lumbosacral spine and cervical spine disabilities, finding no evidence of a direct link to service or aggravation by diabetes.,Service connection was also denied for an effective date prior to February 12, 2016 for the grant of service connection for an acquired psychiatric disability.

The Board has determined that the Veteran does not have current hearing loss disability for VA purposes, and therefore cannot establish service connection.,The Veteran's tinnitus was diagnosed many years after separation from service, and the VA examiner opined it is less likely than not related to in-service acoustic trauma.

The Board has remanded the cases due to insufficient evidence and need for further examination.

The Board has granted service connection for obstructive sleep apnea (OSA) and remanded the issues of service connection for a skin disability and bilateral hearing loss.

The Veteran's anxiety disorder is rated at 70 percent prior to April 6, 2015. Service connection for sleep apnea was denied.

The Veteran's claims for service connection for obstructive sleep apnea and chronic fatigue syndrome are remanded due to insufficient medical opinions regarding the etiology of these conditions.

The Veteran's PTSD and sleep apnea claims are remanded for further evaluation. The TDIU claim is granted.

The Veteran's death was not due to a service-connected disability. The Board denied DIC benefits under 38 U.S.C. § 1318 because the Veteran did not meet the criteria for total disability for at least 10 years prior to his death.

The Board has remanded the remaining issues on appeal for further development, including scheduling VA examinations and obtaining treatment records.

The Veteran's claim for increased evaluation of neuritic head pains was granted with a rating of 50% effective November 1, 2013. The other claims were denied.,Service connection for restless leg syndrome and TDIU are remanded.

The Veteran's claim for a higher rating for his lumbosacral strain with degenerative arthritis was granted, effective June 20, 2018. The effective date is set at the earliest date of receipt of his formal increased rating claim on June 20, 2018.

The Board has remanded the claims of service connection for hypertension, obstructive sleep apnea (OSA), and coronary artery disease (CAD) due to their inextricability with the claim for service connection for an acquired psychiatric disorder. The VA is required to obtain addendum opinions if service connection for any psychiatric disability is granted.

The Board has granted the Veteran's claim to reopen his service connection for sleep apnea, finding that there is new and material evidence showing an in-service onset of the condition. The Board also found that the Veteran's lay statements supporting an earlier onset are credible and outweigh the VA examiner's opinion based solely on the date of diagnosis.