Sleep apnea decisions — 2019

The Veteran's sleep apnea is granted as secondary to his service-connected left shoulder disability and depressive disorder. The lumbar spine, bilateral hip, and bilateral knee disabilities are denied due to lack of evidence linking them to service.

The Veteran's initial claim for a higher rating for his lumbosacral strain and facet degenerative joint disease was denied, with the exception of a temporary grant of a 10 percent disability rating from April 11, 2016 to October 17, 2018. The Veteran's bilateral pes planus and plantar fasciitis were granted a 10 percent initial disability rating.,The Veteran's lumbosacral strain and facet degenerative joint disease was denied for ratings in excess of the currently assigned 40 percent prior to October 17, 2018. The Veteran's bilateral pes planus and plantar fasciitis were granted a 10 percent initial disability rating.

The Board has decided that the Veteran's claim for sleep apnea is remanded due to a lack of an opinion regarding whether his symptoms began during service. The Veteran should be provided with a VA examination.

The Veteran's claim for service connection for bilateral hearing loss was denied as there is no evidence of a current disability. The initial rating for gastroenteritis remains at 30 percent, and the right hand scar secondary to ORIF surgery received a remanded decision.,Obstructive sleep apnea was remanded due to insufficient evidence.

The Board has remanded the Veteran's claims for service connection for sleep apnea, an upper back condition, hemorrhoids, and a right knee disability due to insufficient evidence or need for further examination.

The Board has decided to remand the claims for service connection due to incomplete records from various healthcare providers. The Veteran's spouse must obtain and submit these records before further decisions can be made.

The Veteran's lumbosacral spine disability has been granted a 20 percent rating. The Veteran's TDIU claim is also granted. The Veteran's claims for service connection of radiculopathy of the right upper extremity, left upper extremity, and dizziness and reduced equilibrium have all been withdrawn.

The Veteran's obstructive sleep apnea is granted as service-connected. The right shoulder, thoracolumbar spine, and bilateral hearing loss claims are dismissed due to the Veteran withdrawing his appeal for these conditions. The right knee disability claim is remanded for further evaluation.

The Board dismissed the appeal for service connection of a memory disorder. The Veteran's migraines are granted with a 50% rating, effective from initial entitlement. Service connection for sleep apnea is denied as there is no current diagnosis and it is not at least as likely as not related to in-service events or diseases.

The Board has remanded the Veteran's claims for sleep apnea, deviated septum associated with sleep apnea, and bilateral hearing loss due to insufficient medical evidence on file.

The Veteran's appeal for increased ratings for allergic rhinitis and sinusitis, as well as lumbosacral strain, status post T11 compression fracture with fusion of T10-T11, is being remanded due to the need for additional medical examination.

The Board has remanded the issues of entitlement to an effective date earlier than August 22, 2008 for the grant of service connection for diabetes mellitus and sleep apnea. The Veteran's claims were previously denied in April 1998 and November 2003 respectively, but reopened on August 22, 2008.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for a new examination to assess the current severity of his condition.

The appeal of the issues of service connection for a right foot disability, flat feet and an increased rating for residuals, fracture, 5th metatarsal shaft, right foot is dismissed. From September 21, 2011, entitlement to a 40 percent rating for lumbosacral strain is granted.

The Board has granted the claim for service connection for migraine headaches as secondary to service-connected allergic rhinitis. The claim for service connection for OSA, also secondary to service-connected allergic rhinitis, is remanded due to insufficient medical opinion.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that his current condition is at least as likely as not related to his active military service.

The Veteran's appeals for service connection for GERD, DM, and peripheral neuropathy of the bilateral upper and lower extremities have been withdrawn.,Service connection is denied for sleep apnea as there is no evidence of a current disability or a link to service.

The Board has determined that the Veteran's back and left hip disabilities are not service-connected, as there is no evidence linking these conditions to his active military service.,Regarding the breathing disability (including a nasal disability, sinus disability, and COPD), the Board found insufficient evidence to establish a direct link between the condition and service. However, it granted secondary service connection for sleep apnea due to PTSD, finding that the Veteran's PTSD likely aggravated his pre-existing sleep apnea.,The Board also granted secondary service connection for GERD, attributing its onset or exacerbation to the Veteran's service-connected PTSD.

The Veteran's service-connected PTSD is found to have caused his erectile dysfunction and a rating of 70 percent for PTSD with alcohol use disorder is granted. The Board has also remanded the issue of whether sleep apnea is related to PTSD.

The Veteran's claim of service connection for obstructive sleep apnea, bilateral hearing loss, tinnitus, unspecified depressive disorder, heart disorder, high blood pressure, thyroid disorder, stroke residuals, deviated nasal septum, and sinusitis has been granted. The claims for service connection for the acquired psychiatric disorder (unspecified depressive disorder), heart disorder, high blood pressure, thyroid disorder, and stroke residuals have not been established.