Sleep apnea decisions — 2019

The Veteran's back disorder is granted service connection and an initial rating of 20 percent for his right shoulder strain is granted. The issue of a higher rating for the right shoulder strain remains pending.

The Veteran's claim for service connection for prostate cancer, claimed as the result of ionizing radiation exposure is remanded.,The issues of effective dates prior to May 5, 2017, for service connection for lumbosacral strain, right thumb injury residuals with distal interphalangeal and proximal interphalangeal joint arthritis, and left third finger laceration residuals are also remanded.

The appeals for service connection of sleep apnea, left hip disability, and asthma have been dismissed due to the death of the appellant.

The Board has remanded the case due to the need for further development, including obtaining VA treatment records and arranging for a new examination of the Veteran's service-connected lumbar spine disability.

A 100% rating has been granted for the Veteran's service-connected anxiety disorder.,The claim for PTSD is denied as it is already covered by the service-connected anxiety disorder.,Service connection for hypertension is denied as there is no evidence that it is proximately due to or aggravated by the service-connected anxiety disorder.,Service connection for stroke is denied as there is no direct link between the service-connected anxiety and the stroke.,Service connection for sleep apnea is denied as there is no direct link between the service-connected anxiety and the condition.

The Board has granted the Veteran's claim for service connection of OSA as secondary to his service-connected hypertension, finding that there is equipoise evidence and applying the benefit of doubt in favor of the Veteran.

The Veteran's claim for service connection for tinnitus was denied as there is no evidence of a current disability.,Service connection for diabetes mellitus, hypertension, and prostate cancer were also denied due to lack of in-service onset or relationship to service.,Steal syndrome of the bilateral hands, an acquired psychiatric disorder, and sleep apnea were not granted service connection as they did not manifest during service or are not related to service.,The Veteran's claim for a higher rating for pseudofolliculitis barbae was denied as his condition does not cover at least 20% of his body or require systemic therapy.

The Board has decided to remand the case due to insufficient evidence and a need for an examination regarding service connection for sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, as there is evidence of symptoms during and after service.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain with arthritis is remanded due to the need for additional examination and assessment regarding flare-ups.,The Veteran’s claim for SMC based on the need for regular aid and attendance of another person is also remanded as it was inferred from his statements.

The Board has remanded the claims of service connection for obstructive sleep apnea, coronary artery disease with acute myocardial infarction, hypertension, and gastroesophageal reflux disease due to potential relevance of evidence from a previous remand.

The Board denied the Veteran's claims for service connection for a lumbar spine disability, a psychiatric disorder, and an initial compensable rating for healed fracture of the right fifth metacarpal bone. The reasons provided included lack of evidence of chronicity in service or continuity of symptoms after service discharge.

The Board has remanded the Veteran's claims for cervical spine disability, OSA, acquired psychiatric disability (including PTSD), and bilateral hearing loss due to incomplete records and inadequate examination.

The Board has determined that the Veteran's appeal requires remand for additional development and evaluation of his service-connected disabilities, as well as for clarification regarding his claim for service connection for adjustment disorder with depressed mood. The claims are being returned to the RO for further action.

The Veteran's bilateral eye condition is not service-connected as refractive error does not qualify for VA compensation.,There is no current diagnosis of hypertension, and the claim for secondary service connection to PTSD is denied.

The Veteran's appeal for an increased rating and earlier effective date for PTSD were denied.,Service connection for bilateral tinnitus, bilateral hearing loss, and obstructive sleep apnea on a secondary basis to PTSD was granted.

The Veteran's claim for service connection for neck pain was reopened, and he is now granted service connection for voiding dysfunction as secondary to his chronic low back pain. His erectile dysfunction remains at a non-compensable rating. The Veteran's depression disorder is rated at 50 percent, which meets the criteria for a higher 70 percent or 100 percent disability rating.

The Board has withdrawn the appeals for pes planus and hernia. The claim of service connection for an acquired psychiatric disorder, including insomnia, is reopened due to new and material evidence. Service connection for obstructive sleep apnea is granted.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and has continued since then, granting service connection for this condition.

The Veteran's appeals for service connection on direct basis were denied. The rating for PTSD was also denied.