Sleep apnea decisions — 2019

The Board has decided to remand the Veteran's claim for sleep apnea as they need more information and evidence before making a determination.

The Board has remanded the case due to an administrative error and needs to complete additional development before a final decision can be made on the service connection for sleep apnea.

The Board has remanded the case due to a need for an addendum opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected PTSD.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's sleep apnea is secondary to his service-connected disabilities and if obesity, a significant factor in his condition, was caused or aggravated by any of those disabilities.

The Veteran's appeal for earlier effective dates for the grants of service connection for GERD and right knee strain has been withdrawn. The Board granted service connection for sinusitis as secondary to asthma and headaches as secondary to sleep apnea and depression.,The Veteran’s claims have been remanded for additional examinations to determine the current severity of his GERD and right knee strain.

The Board has remanded several issues related to the Veteran's service connection claims, including reopening of previously denied claims for headaches and GERD, as well as seeking service connection for various disabilities. The rating assigned and effective dates are also being remanded.

The Veteran's service-connected disabilities (diabetes mellitus, PTSD, and sleep apnea) are found to be in equipoise with regards to whether they aggravated his erectile dysfunction. The Board grants service connection for erectile dysfunction with SMC based on loss of use of a creative organ. However, the Veteran is denied a total disability rating based on individual unemployability prior to January 31, 2017.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current condition to his military service or herbicide exposure.

The Veteran's petition to reopen his claim of entitlement to service connection for bilateral pes planus was granted, and he is now entitled to service connection for this condition.,Service connection for a thoracolumbar spine disorder was denied. The Board found that the preexisting condition did not worsen during active service.,The Veteran's sleep apnea claim was denied as there is no evidence of its onset in service, and it is not related to his service-connected psychiatric disability.,Service connection for fibromyalgia was denied because the preponderance of the evidence does not support a finding that the condition began during active service or is otherwise related to an in-service injury.

The Board has decided that the Veteran's claim for service connection for sleep apnea, as secondary to sinusitis and status post septorhinoplasty, needs further clarification due to conflicting evidence.

The Board has decided to remand two issues: service connection for sleep apnea and an initial rating in excess of 10 percent for degenerative disc disease of the lumbar spine. The Veteran's claim for sleep apnea is being remanded due to lack of evidence confirming the diagnosis, while his claim for a higher rating for his low back disability requires further examination.

The Board has remanded the service connection claims for right ear hearing loss and tinnitus due to their inextricability with the service connection claim for a mass of the right cerebellopontine angle (CPA).

The Veteran's claims for service connection have been reopened and granted.,No effective date has been assigned as the earliest communication was on October 28, 2016.

The Veteran withdrew his appeal on all issues, including service connection for sleep apnea and higher ratings for PTSD and costochondritis.

The Board has decided that the Veteran's right ankle disability and sleep apnea are not service-connected, but has remanded for further examination regarding his headaches.

The Board has remanded the Veteran's claims of service connection for tinnitus, erectile dysfunction, and sleep apnea. The claim for bilateral hearing loss remains pending with an effective date set at April 13, 2016.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service and grants entitlement to service connection for this condition.

The Veteran's claim for service connection for a left hand disability was denied as there is no evidence of a current disability. The claim for an increased rating for lumbosacral strain was also denied, with the Board finding that the Veteran did not meet the criteria for a higher rating at any point during the appeal period.

The appeal for service connection of obstructive sleep apnea is dismissed. The case is remanded for a VA examination to determine if GERD is related to service.

The Veteran's service-connected PTSD alone has rendered him unable to secure and maintain substantially gainful employment, and he is also entitled to SMC by reason of being housebound due to his service-connected disabilities.