Sleep apnea decisions — 2019

The Veteran's service-connected obstructive sleep apnea is granted. The Veteran's maxillary/ethmoid sinusitis with left nasal deformity, status post rhinoplasty, is granted a maximum schedular rating of 50 percent. The Veteran's herniated nucleus pulposus of the lumbar spine L5-S1, status post lumbar laminotomy and diskectomy, with degenerative joint disease and invertebral disc syndrome, is denied any increase beyond the current 40 percent rating. The Veteran's radiculopathy of the right lower extremity is also denied any increase beyond the current 20 percent rating. The Veteran's contact dermatitis of the feet and HPV are both denied initial compensable ratings.

The Veteran's claim for service connection for tinnitus, osteoporosis, diabetes mellitus type II, and sleep apnea has been reopened due to the submission of new evidence. The claims are granted in part.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is proximately due to or the result of his service-connected disabilities. The decision also reopened the Veteran's previously denied claim.

The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability. The maximum schedular rating of 10 percent for tinnitus has been assigned.,The Veteran's claims for service connection for respiratory condition and sleep apnea are remanded due to the need for additional medical opinions and evidence collection.,Service connection for a respiratory condition is denied as there is no current diagnosis, and the claim for sleep apnea is remanded for further evaluation.

The Board denied the Veteran's claims for service connection for various conditions, including right leg disability, left arm disability, high blood pressure, headaches, and sleep apnea. The decision also granted a TDIU.

The Board has granted service connection for OSA as secondary to PTSD, but denied service connection for headaches as secondary to PTSD.

The Veteran's service-connected obstructive sleep apnea is currently rated at 50 percent, and the Board finds that a higher rating is not warranted due to lack of evidence of chronic respiratory failure or cor pulmonale requiring tracheostomy.

The Board has denied the Veteran's claim for service connection for sleep apnea as there is no evidence of a disease or injury incurred in or aggravated by active military service. The Veteran was not diagnosed with sleep apnea until 21 years after separation from service, and his statements regarding symptoms are considered insufficient to establish continuity of symptomatology.

The Board has dismissed all appeals for service connection and rating issues related to the Veteran's respiratory conditions, including COPD, asthma, chronic bronchitis, pneumonia, high cholesterol, hypertension, GERD, diabetes mellitus type II, rhinitis (claimed as allergies), and obstructive sleep apnea. The effective date of service connection remains March 18, 2011.

The Board has remanded the Veteran's claims for obstructive sleep apnea and hypertension, finding that further examination is necessary to determine their etiology.

The Veteran's service-connected disabilities rendered him unable to obtain or maintain substantially gainful employment for the periods of October 17, 2012 to May 7, 2013; August 1, 2013 to October 22, 2013; and February 1, 2014 to April 27, 2015. As a result, TDIU was granted for these periods.

The Board has remanded the cases for further development and examination. The Veteran's obstructive sleep apnea is found to be related to his service-connected cervical spine degenerative disc disease, and right ankle osteoarthritis is found to be related to playing soccer in service.

The Board has remanded the Veteran's claims of service connection for various disabilities, including shoulder, spine, and knee conditions. The Veteran is to be provided with VA examinations to determine the etiology of his claimed conditions.

The Veteran's claims for increased ratings and initial ratings were denied. The Veteran was granted a higher rating of 50 percent for major depressive disorder from March 8, 2019.

The Board has remanded the Veteran's claims for service connection for sleep apnea, right eye disability, and dental disability due to in-service trauma. The Veteran is requested to provide additional evidence and clarify his claims.

The Board has found that the Veteran's bilateral tinnitus disability began during active service and grants entitlement to service connection for this condition. The remaining issues of service connection for hearing loss, lumbosacral strain, and right knee disabilities are remanded due to need for additional development.

The Board dismissed the appeal for a compensable disability rating for hemorrhoids. The Veteran's claim for service connection for obstructive sleep apnea and hammertoes was reopened, but the issues of entitlement to increased ratings for PTSD are remanded.

The Board has decided that the Veteran's sleep apnea may be related to his service-connected PTSD, but needs further clarification on whether it is secondary or aggravated by PTSD.

The Veteran's claim for a rating greater than 10 percent for tinnitus has been denied.,The Veteran's claim for an effective date prior to January 9, 2014 for tinnitus has been denied.,The Veteran's claims for service connection for sleep apnea and seizures have been remanded for further development.

The Veteran's claims for fibromyalgia, hepatitis-C, psoriatic arthritis, and related issues are being remanded due to the need for additional development. The effective dates for hepatitis-C and psoriatic arthritis in the hands are also being remanded.