Sleep apnea decisions — 2019

The Veteran withdrew his appeal for service connection of sleep apnea, so the case is dismissed.

The Board has remanded the Veteran's claims for service connection and increased ratings due to incomplete medical records, including those from SSA and VA. The Veteran is also seeking a TDIU rating prior to April 7, 2014.

The Board denied service connection for gastrointestinal disorder, sleep apnea or a sleep disorder, and left hip disorder as the Veteran does not have current disabilities related to these conditions.

The Board dismissed the issue of service connection for sleep apnea as it has been restored and is currently in effect.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected adjustment disorder with disturbance of mood and/or coronary artery disease status post myocardial infarction.

The Board of Veterans' Appeals has denied service connection for obstructive sleep apnea, and the Court granted a joint motion for remand. The case is now being sent back to VA for further examination by a sleep specialist.

The Board has decided to remand the claims for service connection and rating of various conditions due to outstanding medical records and need for updated examinations.

The Board has remanded the claims for service connection and increased rating due to additional development being needed. Obesity is not a disability subject to service connection, but may be secondary to service-connected disabilities. The Veteran's MDD is rated at 70 percent. Additional VA examinations are required to determine if obesity is caused or aggravated by his service-connected back disability, and if so, whether DM, ED, gout, or sleep apnea are also caused or aggravated by obesity.

The Veteran's obstructive sleep apnea is being remanded for further evaluation, including a VA opinion to determine if it is related to his service-connected PTSD.

The Veteran's obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), and erectile dysfunction are all found to be related to his service-connected PTSD.,An effective date of March 16, 2017 is granted for the assignment of a 70 percent disability rating for posttraumatic stress disorder.

The Veteran's claim for compensation under 38 U.S.C. § § 1151 for Staph due to VA treatment is denied.,Service connection for a bilateral hip disability, left ankle disability, right eye cataracts, and OSA are all denied.,A rating higher than 10 percent for PB is denied, as the Veteran's condition does not meet the criteria for such a rating under the current regulations.

The Veteran's claim for a right knee disability is denied as there is no current diagnosis of the condition.,Service connection for sleep apnea is denied because the evidence does not support an in-service onset or relationship to service.,PFB is denied as there is no current diagnosis and no credible lay or medical evidence of its existence.

The Veteran withdrew his appeal, resulting in the dismissal of both service connection claims for obstructive sleep apnea and lung disability.

The Veteran's claim for service connection for bilateral hearing loss, headaches, sleep apnea, and tinnitus has been reopened due to the submission of new evidence. However, no service connection is granted as there is no current disability found for any of these conditions.,An effective date earlier than January 11, 2016 for the grant of service connection for tinnitus is denied.

The Board denied service connection for a heart disability and sleep apnea, finding that the Veteran did not have these conditions during his active service or within one year of separation. The evidence showed no symptoms related to these conditions until decades after he separated from service.

The Veteran's service connection for sleep apnea has been granted, and an initial rating of 70 percent prior to July 28, 2017 and of 100 percent thereafter for PTSD has also been granted.,However, the issue of entitlement to a TDIU is remanded due to the Veteran's request for consideration of SMC.

The Board has remanded the claims for a rating in excess of 10 percent for lumbosacral strain and entitlement to a temporary total rating for convalescence from lumbar spine surgery due to incomplete records, conflicting medical opinions, and the need for further examination.

The Veteran's obstructive sleep apnea is related to his active duty service and the Board has granted service connection for this condition.

The Veteran's obstructive sleep apnea is remanded for further development, including obtaining updated medical records and a VA opinion to determine if it arose during service or is otherwise related to his active military service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his condition is less likely due to or aggravated by his active duty service or posttraumatic stress disorder (PTSD).