Sleep apnea decisions — 2019

The Board has determined that the reduction of a 10 percent disability rating to a noncompensable rating for a headache disorder was not proper, and a 10 percent rating is restored effective May 4, 2016. The Veteran's claims for entitlement to a disability rating in excess of 10 percent for his service-connected headache disorder, service connection for obstructive sleep apnea, and TDIU are remanded.

The Board has determined that a remand is necessary due to the need for a new VA examination and medical opinion regarding the relationship between the Veteran's service-connected hyperthyroidism and his claimed sleep apnea disability.

The Board denied the Veteran's request for an earlier effective date for his TDIU due to service-connected disabilities, finding that the claim was a new claim rather than a notice of disagreement with the initial rating assigned to sleep apnea. The first evidence showing entitlement to TDIU was received after the May 2012 claim.

The Veteran's sleep apnea is related to his military service and the Board has granted service connection for this condition.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms are at least as likely as not related to his active military service.

The Board denied the Veteran's claims for service connection for a right hip disability, obstructive sleep apnea (secondary to diabetes), and an effective date of September 30, 2015 for his 20% rating for diabetes. The decision also denied temporary total evaluations based on surgical treatment necessitating convalescence.

The Veteran's claims for service connection have been reopened, but the Board has determined that additional evidence is needed to determine if his low back and right knee conditions are related to service. The claim for OSA remains pending as there is no current diagnosis in the record. The increased rating and effective date claims for a wrist fracture also need further examination.

The Board has decided to remand the case due to the need for additional development, including a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service-connected headache disorder or PTSD.

The Veteran's sleep apnea is remanded for a VA examination to determine its nature and etiology, including whether it is related to service or a service-connected disability.

The Board has restored the Veteran's lumbosacral strain/spasms rating from 40 percent to 10 percent effective December 1, 2014.

The Board has remanded the case due to the need for additional medical records and an examination to determine if the Veteran's breathing disorder, including obstructive sleep apnea, is related to service exposure to asbestos and carbon tetrachloride.

The Board dismissed the Veteran's appeals for service connection for psychosis, posttraumatic stress disorder, anxiety with irritability, and sleep apnea due to the Veteran's withdrawal of his appeal.

The Board has granted service connection for sleep apnea, finding that the Veteran's symptoms began during his military service and are related to it.

The Board has remanded the case due to a complex factual background and the need for an additional VA medical opinion regarding the etiology of the Veteran's obstructive sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not due to his service-connected deviated septum, and thus grants service connection for this condition.

The Board has decided to remand the case for additional development, including obtaining an opinion regarding whether the Veteran's OSA is related to service or aggravated by his service-connected PTSD.

The Board has denied service connection for a left knee disorder and obstructive sleep apnea as there is no evidence of in-service injury or disease, and the Veteran's statements are not credible.

The Board has granted the Veteran's request to reopen his service connection claims for migraine headaches, stroke residuals, back disorder, left knee disorder, sleep apnea, gastroesophageal reflux disease (GERD), and heart disorder. The appeals are now remanded due to the need for additional development.

The Board has remanded the cases for further development to determine if the Veteran was exposed to herbicide agents during his military service. The claims of service connection for sleep apnea, ischemic heart disease, and diabetes mellitus type 2 are currently pending.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, obstructive sleep apnea, and hypertension due to inadequate etiological opinions in the original decision.