Sleep apnea decisions — 2019

The Board has determined that the Veteran's prostate cancer, obstructive sleep apnea, and thyroid cancer claims should be remanded for additional development due to a duty-to-assist error.

The Board has granted service connection for left knee degenerative arthritis status post meniscectomy, left lower extremity radiculopathy, and lumbosacral strain with degenerative joint disease. As these claims have been resolved in favor of the Veteran, they are no longer under appeal.

The Board has reopened the Veteran's previously denied claims for service connection for a back disability, PTSD, and obstructive sleep apnea. Service connection is granted for these conditions.

The Board has granted service connection for obstructive sleep apnea, bilateral hand strain, and bilateral plantar fasciitis and great toe degenerative arthritis. The decision is based on the Veteran's credible reports of symptoms during service and subsequent treatment.

The Board has determined that the Veteran's sleep apnea is not related to his service, including any exposure to environmental hazards. As a result, the claim for service connection for sleep apnea is denied.

The Board has remanded the claims of service connection for tinnitus and sleep apnea due to insufficient evidence regarding their etiology. The Veteran's lay testimony will be considered in determining whether these conditions are related to his military service.

The Veteran's claim for an earlier effective date for dysthymic disorder was denied as there was no CUE in the November 2009 rating decision.,The Veteran's claims for increased ratings for bilateral hearing loss were remanded due to new evidence showing a worsening of his condition.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it is not shown to be causally or etiologically related to any disease, injury, or incident during service and is not caused or aggravated by a service-connected disability.

The Veteran's claim to reopen the right hip disability was granted. The claims for sleep disorder (claimed as Sleep Apnea) and migraine were denied, as they are not separate disabilities from PTSD and fibromyalgia. The rating for PTSD remains at 70 percent, and the rating for fibromyalgia remains at 40 percent.

The Veteran's claim for sleep apnea as secondary to his service-connected PTSD is granted.

The Veteran's claims for service connection of sleep apnea, hypertension, and atrial fibrillation have been denied as the evidence does not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's TDIU claim is remanded due to conflicting medical opinions and the need for a new VA examination considering the aggregate effect of all his service-connected disabilities on his employability.

The Veteran's migraine headaches are rated at 50 percent, and he is granted TDIU due to service-connected disabilities.

The Veteran's PTSD is granted a TDIU, but the evaluations for asbestosis and PTSD remain denied.

The Veteran's PTSD, lumbosacral strain, left and right knee conditions, as well as her hip bursitis are all rated at the maximum allowable under VA regulations. The Board has found that these ratings adequately reflect the severity of the Veteran’s disabilities. However, additional evidence suggests a worsening of these conditions since the last examinations in August 2014. Therefore, the claims must be remanded for new evaluations and consideration.

The Veteran's obstructive sleep apnea is granted as service-connected, and her PTSD is granted a 70% rating. Other claims are either denied or remanded.

The Veteran's service-connected left and right knee disorders, left and right shoulder disorders, and residual of torn muscle in left chest caused weight gain which led to his diagnosis of sleep apnea. The Board found that the Veteran's sleep apnea is secondary to these service-connected conditions.

The Veteran's appeal for special monthly compensation based on the need for aid and attendance is dismissed. The Board grants a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities including an unspecified depressive disorder with anxious distress, lumbosacral strain and degenerative arthritis, and radiculopathy of the left and right lower extremities.

The Board denied the Veteran's claims for service connection for sleep apnea, finding no medical nexus between his military service and his current condition. The claim was also denied for secondary service connection to an acquired psychiatric disorder.

Service connection for sleep apnea, bilateral hearing loss, and tinnitus was denied. The Veteran's PTSD claim resulted in a TDIU determination.