Sleep apnea decisions — 2019

The Board has determined that new and material evidence was not received to reopen claims for PTSD, diabetes mellitus, type II, asbestosis, bronchitis, and lumbosacral strain. However, the claim for service connection of PTSD is reopened due to newly submitted evidence.

The Veteran's sleep apnea and left leg disability are not service-connected.,The Veteran's back, right knee, and left knee disabilities are not service-connected.,Bilateral hearing loss is service-connected, but the right foot disability remains unaddressed due to a duty-to-assist error.,Tinnitus is service-connected.

The Board has denied the Veteran's claims for service connection for various disabilities, including abnormal gait, left and right knee disabilities, breathing difficulties, sleep apnea, hypertension, gastroenteritis, gallbladder removal, chronic constipation, bladder incontinence, erectile dysfunction, enlarged prostate, diabetes mellitus, and restless leg syndrome of the bilateral legs. The claims are denied as there is no evidence linking these conditions to service.

The Veteran's claims for service connection for sleep apnea and heart condition as secondary to his service-connected nasal fracture with right deviated nasal septum are being remanded due to the need for additional medical examination.,The Board is also reopening the Veteran's claims for service connection for sleep apnea and heart attacks, but these issues will be addressed in a separate decision.

The Veteran's claim for service connection for obstructive sleep apnea has been reopened due to the submission of new and material evidence. The appeal is remanded as a medical opinion is needed to determine if his current diagnosis is related to his active service.

The Veteran's sleep apnea, chronic fatigue syndrome (CFS), and left foot plantar fasciitis are granted service connection. The Veteran's sinusitis is denied as there is no current diagnosis of the condition. Service connection for gastrointestinal disorder (IBS) and muscle and joint pain due to service in Southwest Asia is remanded.

The Veteran's lumbar spine disability, variously diagnosed as degenerative disc disease and intervertebral disc syndrome, is granted service connection. His cervical spine DDD is denied due to lack of chronicity within the presumptive period. OSA is granted service connection based on aggravation by PTSD. ED secondary to PTSD is remanded.

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

The Board has dismissed the Veteran's claims for service connection and higher ratings for various conditions, including an acquired psychiatric disorder, bilateral hearing loss, sleep apnea, cyst in pancreas, right and left Achilles tendonitis, hemorrhoids, residuals of a cholecystectomy, cataracts and glaucoma, chronic kidney disease with hypertension, and coronary artery disease. The Veteran's claim for service connection for bilateral knee arthritis has been reopened.

The Board denied service connection for sinusitis and obstructive sleep apnea, finding that the Veteran's current conditions did not originate in or are otherwise related to his military service.

The Board has decided to remand the case due to a lack of an adequate medical opinion regarding the Veteran's obstructive sleep apnea and its relation to service. The Veteran should be provided with a VA examination to determine if his current condition is related to his time in service.

The Veteran's tinnitus was granted service connection, and his bilateral hearing loss and OSA were granted increased ratings. Service connection for sinus disorder is denied.

The Veteran's initial evaluation for obstructive sleep apnea (OSA) is denied as the condition does not meet the criteria for a higher rating.,The Veteran's hypertension is currently evaluated at 10 percent and no higher, due to lack of readings meeting the criteria for a higher evaluation.,The Veteran's migraine headaches are currently rated at 10 percent and no higher. The claim is remanded as there is no evidence of characteristic prostrating attacks.,The Veteran's residuals of right ankle fracture are currently evaluated at 10 percent and no higher, due to the lack of evidence showing very frequent completely prostrating and prolonged attacks.

The Veteran's claim for a toe disorder is denied as there is no current disability.,Service connection for bilateral eye disorder characterized as myopia and astigmatism was previously denied in March 2012, and the claim cannot be reopened due to lack of new and material evidence.,The effective date for service connection for PTSD is denied because VA did not receive a formal or informal claim within one year after separation from service. The claim was received on March 4, 2016.,The effective date for service connection for left knee patellofemoral pain syndrome is denied as the Veteran did not submit a formal or informal claim prior to March 4, 2016.,Service connection for lumbosacral strain was previously denied in March 2012 and cannot be reopened due to lack of new and material evidence.

The Board denied service connection for lumbosacral degenerative disc disease, finding that the condition existed prior to service and was not aggravated by service.

The Veteran's claim for service connection for PTSD is granted, effective from the date of separation from active duty.,The Veteran's claims for anxiety and tinnitus are denied as they were not received within one year after separation from service. The Board grants an effective date of September 5, 2013, for these conditions.,Service connection for left hand disability, right hand disability, right leg disability, left ankle disability, and right ankle disability is granted.,Service connection for bilateral hearing loss and sleep apnea is denied.,The Veteran's claim for an increased rating for anxiety is granted.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence of a current disability related to military service or any service-connected condition.

The Veteran's service-connected disabilities do not preclude him from securing and following gainful employment consistent with his educational and occupational experience.

The Veteran's service-connected acquired psychiatric disorder caused him to become obese, which in turn led to his obstructive sleep apnea. The Board granted service connection for the obstructive sleep apnea as secondary to the service-connected acquired psychiatric disorder and also granted a TDIU effective from August 12, 2018.

The Board has determined that the Veteran's claims for sleep apnea, cervical spine degenerative joint and disc disease, lumbar spine degenerative joint and disc disease, bilateral pterygium, and truncal dermatitis and onychomycosis of the bilateral great toe nails require additional development due to the need for a VA examination.