Sleep apnea decisions — 2019

The Veteran's claim for service connection for sleep apnea has been reopened, but the issue of whether his sleep apnea is related to service remains pending and requires further examination.

The Board denied service connection for sleep apnea and COPD, finding that the Veteran's current conditions did not have a direct link to his military service or any service-connected condition.

The Board has decided to remand the case due to inadequate examination and need for additional evidence, including VA treatment records.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected PTSD. The decision also notes that there is an approximate balance of positive and negative evidence regarding whether the Veteran’s current diagnosis of obstructive sleep apnea is proximately caused by his service-connected acquired PTSD, and resolves all reasonable doubt in favor of the Veteran.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of May 4, 2015. The decision is based on new evidence submitted after the initial denial in 2014.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current diagnosis to military service.

The Veteran's claim for a compensable rating for bilateral hearing loss was denied. The Board found that the December 2018 VA examination results in a noncompensable evaluation due to the Veteran not qualifying under an exceptional pattern of hearing impairment. The Veteran's claims for service connection for an acquired psychiatric disorder and sleep apnea were remanded as there is insufficient evidence on record regarding their etiology.

The Veteran's claims of service connection for prostate cancer, stress incontinence, diabetes mellitus, sleep apnea, and erectile dysfunction have been granted. The appeal is dismissed as the benefits sought on appeal have been fully granted.

The Board denied service connection for obstructive sleep apnea, finding that it is not caused by an event, injury or illness during active service and is not proximately due to, the result of or permanently made worse beyond its natural progression by service-connected PTSD.

The Board has remanded the Veteran's claims for right knee arthritis, back condition, left ankle sprain condition and secondary arthritis, and sleep apnea secondary to PTSD due to the need for additional evidence and a VA examination.

The Veteran's Parkinson's disease is granted as service-connected due to exposure to trichloroethylene (TCE) during active service.,The Veteran's central sleep apnea is granted as secondary to his service-connected Parkinson's disease.,The Veteran's tinnitus is not service-connected.

The Veteran's appeal for an increased rating for tinnitus has been denied as the maximum schedular rating of 10 percent is already assigned.,The Board has remanded several issues including service connection and ratings for various disabilities due to a duty to assist error prior to the May 2018 RAMP opt-in.,Issues include left eye occipital neuralgia, lower extremity sciatica, upper extremity radiculopathy, herpes simplex virus, adjustment disorder with anxiety/depression, migraine headaches, sleep apnea, stroke/vertebral artery dissection, thoracolumbar strain, cervical strain, and scars from hernia repair.,The Veteran's service connection claims for lower and upper extremity sciatica and radiculopathy are remanded due to a duty to assist error prior to the May 2018 RAMP opt-in. VA treatment records need to be obtained from non-VA providers.

The Veteran's chronic headaches are granted as being proximately due to his service-connected sleep apnea, hypertension, and PTSD.

An initial evaluation of 50 percent for PTSD is granted, but service connection for hypertension and sleep apnea as secondary to PTSD remains pending.,Service connection for hypertension as secondary to PTSD has been established.

The Veteran's claims for service connection for rheumatoid arthritis, sleep apnea, and skin cancer (basal cell carcinoma) have been denied. The Board finds that the preponderance of the evidence is against these claims.,The Veteran's right knee scar associated with his TKA has not received an effective date prior to October 30, 2013.

The Veteran's petition to reopen the claim of service connection for tinnitus was granted, and he is now entitled to service connection for this condition.,Service connection has also been granted for sleep apnea. However, further examination is needed to determine if the current diagnosis is related to active service.

The Veteran's claims for service connection for obstructive sleep apnea syndrome, hypertension, and Barrett’s syndrome have been denied as there is no evidence of a nexus between these conditions and his military service.,Barrett’s syndrome was first diagnosed in 2008, long after the Veteran's discharge from active duty. The examiner opined that it is least likely related to service.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it is not proximately caused or aggravated by his service-connected chronic gastritis.

The Board has restored service connection for degenerative disc disease (DDD) of the lumbosacral spine L3-4 through L5-S1 with herniated nucleus pulposus at L5-S1 and multiple herniated nuclei pulposi at the cervical spine, finding that the original grants were not clearly and unmistakably erroneous.