Sleep apnea decisions — 2019

The Veteran's claim of service connection for sleep apnea, to include as secondary to PTSD and due to exposure to herbicides, is reopened. The case is remanded for a VA examination to determine the nature and etiology of his sleep apnea.

The Veteran's eye disability, claimed as 'High pressure in eyes (Possible glaucoma)', is denied as there is no current diagnosis of this condition.,Service connection for sleep apnea is denied because the evidence does not support a finding that it began during service or is related to an in-service injury or disease.,The Veteran's hypertension is denied as there is no evidence showing its onset during service or within one year after service, and it is not otherwise related to an in-service injury or disease.,Service connection for GERD is granted because the current disability is at least as likely as not related to service based on a diagnosis of acid reflux symptoms documented in STRs.,The Veteran's ingrown toenail of the left great toe is granted service connection due to evidence showing it was treated during service and persists into the present day.,Service connection for periodontal disease is denied because treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease are not considered disabilities for purposes of compensation.

The appeal was dismissed because the Veteran's Substantive Appeal, which was received on August 25, 2016, was untimely filed. The deadline for filing a substantive appeal is within 60 days from the date of mailing the Statement of the Case or within one year from the date of the rating decision.

The Board has denied service connection for obstructive sleep apnea and remanded the issues of service connection for left shoulder disorder, right shoulder disorder, degenerative arthritis of the neck, and initial ratings in excess of 10 percent for left knee tendonitis and right knee tendonitis. The Veteran's facial scarring is rated as a disfigurement with one characteristic of disfigurement warranting a 10% rating. Service connection for pseudofolliculitis barbae with scarring has been granted but no compensable rating assigned.

The Board has remanded the Veteran's claims for service connection for sleep apnea, left shoulder condition, and right shoulder condition due to insufficient medical opinions regarding their onset during or related to his military service.

The Veteran requested withdrawal of multiple service connection claims for various conditions, including chronic fatigue, sinus disability, respiratory disability (bronchitis), cardiac disability, bowel disability, gastric ulcer disability, sleep apnea, and headaches. The claim for an acquired psychiatric disability was reopened due to new evidence received.

The Veteran's claim for an initial disability rating in excess of 60 percent for service-connected lumbosacral intervertebral disc syndrome (IVDS) is denied. The maximum schedular rating for IVDS under Diagnostic Code 5243 is 60 percent, and the preponderance of the evidence does not support a higher evaluation.

The Veteran's PTSD is granted with a 30 percent rating prior to December 23, 2015. The ratings for sleep apnea and hypertension remain unchanged.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and his time in service. The Veteran was exposed to lead-based paint, JP-5 fuel, and asbestos during his military service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence linking his current condition to his military service.

The Veteran's hearing loss is granted as service connected. The remaining issues of service connection for psychiatric disorders, asthma, COPD, sleep apnea, and bilateral foot disabilities are remanded due to lack of a nexus opinion.

The Board has determined that the Veteran's claims for increased evaluations for her service-connected right shoulder and lumbosacral strain disabilities require additional development due to inadequate medical examinations.

The Veteran's lumbar spine disability is currently rated at 10 percent, and the Board has ordered a new VA examination to assess the severity of his condition.

The Veteran's tinnitus, bilateral hearing loss, and obstructive sleep apnea are all found to be related to service. High cholesterol is not a disability for VA purposes. The acquired psychiatric disability (other than PTSD), including unspecified depressive disorder and bipolar affective disorder, is also found to be related to service.

The Veteran's claim for a higher rating for his lumbosacral spine disability is denied, and the TDIU issue is remanded.

The Veteran's petition to reopen his claim for service connection for obstructive sleep apnea is granted, and the Board remands the case for a VA examination regarding the etiology of his currently-diagnosed OSA.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's sleep apnea is related to his service-connected conditions and medications.

The Veteran's claims for service connection for a left toe disorder, right toe disorder, sleep apnea, hypertension, and residuals of a right-side stroke have been denied.,The Veteran's claim for service connection for DJD of the right knee has also been denied.

The Veteran's service-connected PTSD has been granted a 100% disability rating effective July 21, 2016. Service connection for OSA, hypertension secondary to PTSD, and migraine headaches secondary to PTSD have also been granted.

The Veteran's service-connected disabilities did not render him unable to obtain or maintain substantially gainful employment prior to June 2, 2009. Therefore, the effective date for his TDIU is denied.