Sleep apnea decisions — 2019

The Veteran's asthma is granted service connection. The Board also found that the Veteran's sleep apnea is secondary to his now service-connected asthma, but a remand is needed for an addendum opinion on this issue.

The Veteran's claim for a right arm condition is denied as there is no evidence of an in-service injury or disease, and the current disability is not related to service.,The effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine is denied because the earliest communication prior to November 6, 2014 did not constitute a claim for this condition.,Service connection for bilateral feet disability and bilateral degenerative joint disease/arthritis of the knees secondary to service-connected lumbosacral strain with degenerative arthritis of the spine is remanded due to inadequate etiology opinions in the June 2015 VA examination.,The Veteran's claim for an initial rating in excess of 40 percent for service-connected lumbosacral strain with degenerative arthritis of the spine is remanded as the January 2015 VA Back Conditions Disability Benefits Questionnaire did not provide information on additional limitation of motion due to flare-ups or repeated use over time.,The Veteran's claim for an acquired psychiatric disability is remanded.

The Board has determined that the Veteran's sleep apnea began during his active service and granted service connection for this condition.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a relationship between his current sleep apnea and his military service.

The Board has decided to remand the Veteran's claims for increased rating for sinusitis, service connection for cataracts, and service connection for sleep apnea (claimed as sleeping trouble) due to inadequate examinations and incomplete records.

The Veteran has withdrawn his appeals of the denials of service connection for sleep apnea, headaches, and erectile dysfunction.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected GERD, finding that the Veteran's sleep apnea is aggravated by his GERD.

The Board has remanded the Veteran's claims for hypertension, loss of vision, sleep apnea, and erectile dysfunction to include as secondary to service-connected disabilities due to lack of a VA examination addressing these issues.

The Board has remanded the case due to an error in not considering a statement from a fellow service member who reported hearing the Veteran snore loudly and gasp for air during sleep, indicating that his sleep apnea may have started during service.

The Veteran's appeal for an increased evaluation for tinnitus has been denied as there is no legal basis to award a higher rating.,The Veteran's appeals for increased evaluations of his right shoulder impingement, lumbosacral strain, and right knee patellofemoral syndrome have all been remanded due to inadequate VA examinations.,The Veteran's appeal for a compensable evaluation for bilateral hearing loss has also been remanded as the VA examination was found invalid.

The Veteran's claim for increased ratings for lumbosacral strain was denied. The rating of 10 percent prior to June 1, 2016, and the current rating of 40 percent since that date were both denied.

The Board has remanded several issues, including the reopening of a previously denied claim for major depressive disorder, as well as claims for tinnitus, hypertension, headaches, PTSD, special monthly compensation based on aid and attendance and/or housebound status, left wrist limitation of motion, and Parkinson's disease under 38 U.S.C. § 1151.

The Veteran's service-connected PTSD is found to aggravate his sleep apnea, and he is granted a 50 percent rating for tension headaches. The case is remanded for further examination regarding SMC based on the need for aid and attendance/housebound.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed disabilities, including left shoulder disability, right knee disability, hypertension, asthma, sleep apnea, bilateral foot fungus, and facial skin rash. The claims are being remanded for further examination and medical opinions.

The Veteran's appeal is denied for a rating in excess of 20 percent for lumbosacral strain. The thyroid condition claim must be remanded as the Veteran has not been afforded a VA examination to evaluate this condition.

The Board has granted service connection for sleep apnea, finding that the Veteran's current condition is at least as likely as not related to his military service. The decision resolves all doubt in favor of the Veteran.

The Board has remanded several issues for further development, including service connection claims and rating determinations. The Veteran's claims are related to his military service and various disabilities.

The Board has granted new and material evidence to reopen claims for service connection for obstructive sleep apnea, skin disability, diabetes mellitus, type II, and acquired psychiatric disability.,Service connection is also granted for these conditions.

The Veteran's obstructive sleep apnea is found to have been incurred during his active duty service, and the Board granted service connection for this condition.

The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected depression and fibromyalgia, thus granting secondary service connection.