Sleep apnea decisions — 2019

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for vertigo. The claims of secondary service connection for sleep apnea and increased rating for bilateral hearing loss are remanded.

The Veteran's petition to reopen his previously denied claims for sinus condition, hypertension, bilateral hallux valgus, bilateral eye disorder (including dry eyes), bilateral cataracts, sleep apnea, lumbar spine disability, recurrent subluxation of left knee, post-operative left knee with DJD, right knee DJD, and right knee instability are remanded.,The Veteran's petition to reopen his previously denied claim for service connection for left renal arteriovenous malformation (AVM), burn scars of the bilateral ankles, tender left knee scar, and linear left knee scar is also remanded.

The Veteran's lumbosacral spine condition, left hip arthritis, and left knee arthritis are not service connected.,Service connection for the Veteran's right knee condition is also denied.

The Veteran's OSA with asthma is being remanded for further evaluation and potential rating adjustments.

The Veteran's claim for service connection for sleep apnea is being remanded due to the inadequacy of previous VA examinations and opinions. The case will be reviewed with a new examination and opinion.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there is insufficient evidence to establish a link between his current diagnosis and military service.

The Board has granted service connection for a left knee disability and sleep apnea, finding that the Veteran's current conditions are related to his service-connected disabilities. The decision is based on credible lay and medical evidence.

The Board denied the Veteran's claim for service connection of sleep apnea, finding that there was no evidence to support a link between his current condition and his military service.

The Veteran's claim for hypertension was reopened and granted.,Obstructive sleep apnea is found to be secondary to major depressive disorder.,Service connection for cataracts, left knee degenerative joint disease, right knee degenerative joint disease, chronic right hip strain, and left lower extremity radiculopathy are all granted with effective dates of February 28, 2013.,Coronary artery disease is granted with an effective date of January 28, 2013.

Service connection granted for bilateral tinnitus and denied for bilateral hearing loss, a sleeping disorder (obstructive sleep apnea), and an acquired psychiatric disorder (depression).,The Veteran's service connection claims for the other conditions are denied.

The Veteran's deviated nasal septum has been granted service connection. However, the Board has found that there is insufficient evidence to determine if his sleep apnea is secondary to his service-connected deviated nasal septum and thus remanded for further development.

The Board has denied the Veteran's claims for service connection for various conditions, including PTSD, major depressive disorder, sleep apnea, headaches, hypertension, erectile dysfunction (secondary to PTSD), and lip cancer. The evidence does not support a finding of service connection based on direct service connection.

The Board has decided to remand the case due to the need for an addendum opinion regarding whether the Veteran's obstructive sleep apnea is aggravated by his service-connected PTSD.

The Veteran's sleep apnea is granted as secondary to his service-connected PTSD and obesity, which was caused by the PTSD.,The Veteran's hypertension is remanded for further evaluation due to presumed herbicide exposure or service-connected PTSD. The Board notes a positive association between hypertension and herbicide agents but requires an additional opinion on causation.,The Veteran's TDIU claim is granted based on his service-connected disabilities rendering him unable to secure or follow substantially gainful employment.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected posttraumatic stress disorder, and therefore grants service connection for OSA as secondary to PTSD.

The Veteran's migraine headaches are rated at 50% effective from July 31, 2019.,The Veteran's OSA is not rated higher than 50%, as it does not meet the criteria for a higher rating.

The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected lumbar spine strain, right knee patellofemoral syndrome, and left ankle strain.

The Board has determined that additional development is needed for the adjudication of several claims, including those related to back pain, asbestos exposure, chest pain/sinus ventricular tachycardia, acquired psychiatric disability (schizophrenia), sleep apnea, fractured right great toe, traumatic brain injury (TBI), post traumatic headaches with migraine features, and macular lesion, left eye with scotoma. The Veteran's claims are being remanded for further development.

The claim to reopen the seborrhea claim has been denied as new and material evidence was not received sufficient to reopen the claim.,The claim for sleep apnea has been denied as there is no current disability for VA purposes.,The claim for bilateral hearing loss has been denied as it does not meet the criteria for a compensable rating.,The claims for bronchitis and hypertension have been remanded due to insufficient evidence regarding their etiology.

The Veteran's claim for service connection of degenerative arthritis of the lumbosacral spine is granted. The appeal for non-service-connected pension benefits is remanded.