Sleep apnea decisions — 2019

The Veteran's claim for higher education benefits is denied because he did not have a service-connected disability that caused his discharge, and therefore does not qualify for the 100% rate.

The Board has denied the Veteran's claims for service connection for sleep apnea and hypertension, finding that there is not enough evidence to support a link between these conditions and his military service.

The Veteran's current obstructive sleep apnea was found to have its onset during his active service, and the Board granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea, to include as secondary to service-connected asthma, has been reopened. The case is remanded due to the need for a new VA examination and determination of eligibility for dental treatment.

The Board has remanded the cases of the Veteran's claims for service connection for obstructive sleep apnea and cardiac ischemia, as they are related to his service-connected supraventricular arrhythmia. The VA is required to obtain the Veteran’s Social Security Administration records.

The Veteran's PTSD and right lower extremity radiculopathy have been granted service connection, but the effective dates for these conditions are denied. The Veteran's PTSD is rated at 30%.

The Board has reopened the claim of service connection for obstructive sleep apnea due to new and material evidence. The case is remanded for further development, including obtaining VA treatment records and requesting a medical opinion.

The Veteran's sleep apnea is granted as service-connected, with the onset during active service.,Service connection for obesity claimed as weight gain due to service-connected disabilities is denied. Obesity itself is not a compensable disability for VA purposes.,Service connection for gout is remanded as there is insufficient evidence on record regarding its relationship to service-connected disabilities.,Service connection for degenerative arthritis of the thoracic spine is remanded as the November 2013 VA examination report did not address the relationship between this condition and the Veteran's service-connected bilateral ankles, knees, and pes planus.

The Board has remanded the claims for increases in ratings for lumbosacral spondylosis, left lower extremity nerve disability, and right lower extremity nerve disability due to outstanding VA treatment records and examination reports. The Veteran's service-connected peripheral neuropathies are also being considered.

The Veteran's claims for service connection for an acquired psychiatric disorder, sleep apnea, left eye macular edema, bilateral incipient senile cataracts, bilateral degenerative myopic changes, and refractive error right eye are remanded due to inadequate examination reports.,The Board found the October 2017 VA examination report insufficient and instructed a new examination by an appropriate clinician.

The Board has remanded the case to determine if the Veteran's service-connected disabilities preclude him from participating in gainful employment prior to February 26, 2016 and to submit his claim for a TDIU per § 4.16(b) to the Director, Compensation Service, for extraschedular consideration.

The Board denied the Veteran's claim for an extension of his delimiting date for Montgomery GI Bill (MGIB) benefits beyond August 28, 2009 due to a lack of medical evidence showing that his service-connected disabilities actually prevented him from pursuing his desired educational program.

The Board denied service connection for lumbosacral degenerative disease, finding that the Veteran's current condition is not related to his in-service slip-and-fall injury and that there was no evidence of a continuity of symptoms since service.

The Board has remanded the claims for service connection for obstructive sleep apnea, right wrist condition (gout), polycystic kidney disease, hypertension, and diabetes mellitus, type II due to insufficient medical opinions regarding their etiology.

The Board has determined that the Veteran's claim for service connection for diabetes mellitus type II (diabetes) is denied as there is no evidence of a current disability. The claims for service connection for obstructive sleep apnea and erectile dysfunction are remanded due to insufficient medical opinions.

The Veteran's sleep apnea is granted as service-connected, but his gastroparesis is denied.,The Veteran's migraine headaches and GERD are both remanded for further evaluation.

The Board has granted the Veteran's petitions to reopen his claims for service connection for bilateral Achilles tendonitis and obstructive sleep apnea, but denied the petition to reopen his claim for service connection for peripheral neuropathy RLE and LLE. The appeal is granted on these issues.

The appeal of the claim for sleep apnea is dismissed due to the death of the appellant.

The Board has denied the Veteran's claims for service connection for diabetic retinopathy, diabetic polyneuropathy of the lower and upper extremities, and sleep apnea as secondary to his service-connected diabetes mellitus. The Board found no current diagnoses of these conditions.

The Board has remanded the case due to the need for an addendum opinion regarding whether the Veteran's current back disorder is related to or aggravated by his service-connected bilateral knee osteoarthritis.