Sleep apnea decisions — 2019

The Veteran's appeal for a higher rating of his major depressive disorder is dismissed. The claim for service connection of sleep apnea, which he contends is secondary to his major depressive disorder, is denied.

The Board has denied the Veteran's claim for service connection for sleep apnea and remanded several other issues including ratings for various disabilities. The appeal is not about service connection at all, but rather about reopening previously denied claims.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current diagnosis is related to his military service.

The Board has decided that the Veteran does not have a current diagnosis of PTSD and therefore, service connection for PTSD is denied. The issues of service connection for OSA and a psychiatric disorder other than PTSD are remanded due to incomplete development.

The Board has remanded the Veteran's claims for sleep apnea and erectile dysfunction as secondary to service-connected conditions due to insufficient medical opinions and missing VA treatment records.

The Veteran's initial claim for sleep apnea was denied in August 2012, but service connection was granted with a rating of 30 percent effective May 27, 2016.,The Veteran contends he is entitled to an earlier effective date due to his symptoms being present prior to the grant of service connection.

The Board has decided that the Veteran's sleep apnea is related to his service-connected PTSD and remands the case for further development.

Service connection is granted for right shoulder disability, left hip disability, right hip disability, and right knee disability.,Service connection is granted for sleep apnea. The Board finds the evidence at least in equipoise as to whether it was caused by service.,Service connection is granted for diabetes mellitus. The Veteran's representative provided a private opinion stating that his current condition may or may not be related to service, which is considered speculative and thus remanded for further examination.

The Board has remanded the case due to insufficient opinions on whether the Veteran's obstructive sleep apnea is secondary to his service-connected PTSD and whether obesity, which may be related to PTSD, can serve as a basis for service connection.

Service connection for sleep apnea, gastroenteritis and gastroesophageal reflux disorder (GERD), and finger joint pain is granted.,Service connection for finger joint pain is denied as there is no current disability shown.

The Veteran's appeal for service connection for various conditions, including obstructive sleep apnea secondary to panic disorder with agoraphobia and hypertension, was granted. The appeals for the remaining issues were either denied or remanded.

The Veteran's claim for a bilateral hand disability is denied as there is no current evidence of such a condition.,The Veteran's claim for a low back disability is denied due to lack of in-service injury or disease, and the absence of any chronic low back disability since service.,The Veteran's claim for chronic sinusitis is denied because there is no evidence of a chronic disorder during service or related to an in-service event.,The Veteran's claim for obstructive sleep apnea (claimed as PTSD) is remanded due to conflicting evidence regarding the onset and relationship to service.

Service connection for vision loss, sleep apnea, diabetes mellitus, lung cancer, colon cancer, squamous cell carcinoma of the left forearm, and squamous cell carcinoma of the left helix is denied.,The Veteran's STRs are silent for complaints, findings, treatment, or diagnosis of any of these conditions. Postservice records do not provide a nexus between service and any of these conditions.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that new and material evidence supports a current diagnosis of sleep apnea from service. The Board also found that the Veteran had observed symptoms of sleep apnea during service.

The Board has decided to remand the case due to insufficient evidence regarding the onset of the veteran's obstructive sleep apnea during his active duty service.

The Veteran's sleep apnea disability is remanded for further development, including a VA examination to determine the etiology of her sleep disorder and whether it is related to service or aggravated by PTSD.

The Veteran's anxiety disorder is related to and/or aggravated by his multiple service-connected squamous cell carcinoma related disabilities, resulting in a grant of service connection for an acquired psychiatric disorder.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's obstructive sleep apnea (OSA). The examiner is asked to address whether OSA existed prior to service, if it was aggravated by service, its onset in service, its relation to burn pits or other service-related factors, and whether it was caused or aggravated by a service-connected disability.

The Board has denied service connection for elevated cholesterol due to the absence of a current disability. The remaining issues (epilepsy, acquired psychiatric disability, hypertension, right shoulder disability, sleep apnea, tinnitus, and low back disability) are remanded for further examination and opinion.

The Board has decided to remand the case due to the need for a new VA examination to determine the nature and etiology of the Veteran's sleep apnea, including whether it is related to his service-connected lumbosacral strain.