Sleep apnea decisions — 2019

The Veteran's service-connected disabilities have been assigned an effective date of January 1, 2017, which is the day after his separation from active duty.,The Veteran has filed a claim for earlier effective dates for various service-connected conditions. The Board finds that these claims are denied as the earliest possible effective date allowed by law is January 1, 2017.

Your claim for service connection for obstructive sleep apnea has been fully granted, and the case is dismissed as there are no remaining questions to be decided.

The Board has remanded the Veteran's claims due to insufficient evidence and need for further examination.

The Board dismissed the Veteran's appeals for service connection of various conditions and granted a 70% rating for PTSD with TBI effective from November 24, 2014. The issues related to left knee ACL tear, right ankle disability, chronic fatigue syndrome, sleep apnea, mitral valve regurgitation, kidney problems, and headaches were dismissed.

The Board has remanded the cases of cervical degenerative disc disease, bilateral hearing loss, and sleep disability to allow for further development and consideration.

The Board has ordered the RO to provide VA treatment records and an addendum opinion regarding the Veteran's sleep apnea. The matter is being remanded for these actions.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is related to his service.

The Veteran's tinnitus was granted service connection and is rated at the maximum available rating of 10%.,For his lumbosacral strain, a 20% evaluation is granted effective December 5, 2017.

The Veteran's service connection for sleep apnea is granted as there is a current diagnosis and the in-service clinical evidence consistent with symptoms attributable to sleep apnea.

The Board has remanded the claims for sleep apnea, heart disability, and ED due to insufficient medical opinions. The Veteran's service-connected PTSD is alleged to be related to these conditions.

The Veteran's claims for service connection for sleep apnea and hypertension have been denied. The Board has remanded the cases of PTSD, TDIU, and an increased rating.

The Veteran's service connection claims for residuals of left total knee arthroplasty, residuals of right total knee arthroplasty, low back condition, and GERD were denied due to lack of new and material evidence. The claim for sleep apnea was granted as it developed because or was aggravated by his service-connected PTSD.

The Veteran's TBI claim is denied, and his cervical and lumbosacral spine disabilities are granted with effective dates of September 20, 2017. The headaches and left ankle sprain claims remain pending.

The Board denied service connection for obstructive sleep apnea as it was not incurred in or aggravated by service and is not related to a service-connected disability.

The Board has reopened the Veteran's claim of service connection for sleep apnea and found that she had a current diagnosis, in-service symptoms, and continuity of symptomatology. The Board also considered medical opinions from VA examiners who concluded that the condition was not incurred during service due to lack of evidence prior to separation. However, the Veteran's lay statements provided additional support for her claim.

The Veteran's application to reopen the claim for service connection of a skin condition was granted. Service connection for OSA secondary to PTSD and tension headaches secondary to PTSD and OSA were both granted.,Service connection for PTSD is now rated at 70 percent, effective October 12, 2016.

The Veteran's DIC benefits were correctly calculated and paid, but the appellant is not entitled to additional compensation as her husband was only rated at 100% for less than eight years prior to his death.

The Veteran's claims for service connection for emphysema and obstructive sleep apnea, including as secondary to PTSD, were denied. The Board found no evidence of a current disability during service or within the presumptive period due to herbicide exposure, and there was insufficient medical nexus between the conditions and service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence in his STRs, including a lack of STRs and an incomplete VA examination. The AOJ must continue efforts to obtain the Veteran’s records and provide him with adequate examinations.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's service-connected disabilities caused his obesity, which is an intermediate step between a service-connected disability and obstructive sleep apnea. The case will be returned for further examination and analysis.