Sleep apnea decisions — 2019

The Veteran's claim for service connection for arthritis of the right hip was denied as there is no evidence of a current disability, and no link to service.,Service connection was also denied for left shoulder condition, right shoulder condition, low back condition, left knee condition, and right knee condition due to lack of in-service injury or disease.

The Board has reopened the Veteran's claims for service connection for left knee disorder, cervical spine disorder, lumbar spine disorder, and right knee disorder due to new evidence submitted within a year of the May 2014 rating decision. The remaining issues—service connection for upper respiratory tract disorder (sinusitis and allergic rhinitis) and obstructive sleep apnea—are remanded as additional development is needed regarding missing service treatment records.

The Veteran's appeal for service connection for prostate cancer and sleep apnea due to exposure to chemical and/or environmental hazards, including herbicide agents, is remanded. The claims must be further developed by obtaining the Veteran’s personnel records and verifying his reported exposure during service.

The Board denied the Veteran's claims of service connection for a sleep disorder and a digestive disorder, finding that there was no evidence to support a nexus between these conditions and his military service.

The Veteran's claim for a 100 percent rating for post-operative residuals of an appendectomy with fibrosarcoma of the right lower abdominal wall with post-operative recurrent ventral hernia (abdominal surgeries) is granted.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence. The Veteran is required to provide additional medical records and authorize VA to obtain them, or seek authorization from SSA for any relevant information.

The Board has determined that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection.

The Board has decided that an addendum opinion is needed to determine if the Veteran's service-connected schizophrenia contributed to his death.

The Board has remanded several issues related to the Veteran's claims, including service connection for sleep apnea, neurocognitive disorder, hypertension, peripheral neuropathy of the upper and lower extremities, and an acquired psychiatric disorder (PTSD).

The Veteran's claim for service connection for sleep apnea has been granted, and he is now entitled to VA benefits starting from the date of his original claim in July 15, 2014.,The Veteran's claim for an earlier effective date for lumbar strain service connection remains pending as there was no prior formal or informal claim filed before July 15, 2014.

The Veteran seeks earlier effective dates for service connection of ischemic heart disease, obstructive sleep apnea, and PTSD. The Board finds that an effective date of May 25, 2011 is warranted for the grant of service connection for each condition.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected orthopedic disabilities, and thus grants service connection for this condition.

The Board has remanded the claims for service connection for heart disorder and sleep apnea due to alleged herbicide exposure during service. The Veteran's service records show he served at Udorn Royal Thai Air Force Base in Thailand, where his duties placed him near the perimeter of the base. The AOJ is instructed to verify this exposure through the JSRRC.

The Veteran's service-connected pulmonary dysfunction, characterized by benign pleural plaques and obstructive sleep apnea, was denied for increased ratings. The Board found that the evidence did not warrant an increase in any rating category during the period on appeal.

The Veteran's service-connected depressive disorder is found to be the primary cause of his current OSA and headaches. His right shoulder, lumbosacral strain, and right knee disabilities are all granted with specific ratings.

The Veteran's claim for service connection for tinnitus is granted as the evidence supports his assertion of an in-service onset and continuity of symptoms since discharge.,Service connection for sleep apnea is denied due to lack of competent medical evidence showing a current disability or association with service.

The petition to reopen a previously denied claim for service connection of bilateral pes planus was denied. The issue of secondary service connection for sleep apnea due to PTSD is remanded.

The Veteran's claim for service connection for left foot big toe condition was denied due to lack of new and material evidence, and the claim is now considered closed.,Service connection for obstructive sleep apnea was denied as there is no evidence that it manifested during or within one year after service.

The Board has remanded the issues of service connection for fainting spells, sleep apnea, and headaches to obtain additional medical evidence and determine their etiology.

The Board has reopened the claims for service connection for COPD and asbestosis, but has remanded the claims for service connection for sleep apnea and TDIU due to new evidence received since the last final denial. A VA examination is needed to address the relationship between the Veteran's current conditions and his military service.