Sleep apnea decisions — 2019

The petition to reopen the claim for sleep apnea, claimed as secondary to posttraumatic stress disorder (PTSD), is denied. The Veteran's PTSD is currently rated at 50 percent and the appeal for a higher rating is also denied.

The Veteran's bilateral hearing loss is rated at 30 percent, which is the maximum schedular rating available. The Board denied a higher rating for his hearing loss and granted TDIU based on his service-connected disabilities preventing him from engaging in substantially gainful employment.

The Veteran's claim for service connection for sleeping problems, including insomnia, and obstructive sleep apnea (OSA), to include as secondary to her service-connected disabilities, has been granted. The Board found that the evidence was at least in equipoise as to whether the Veteran’s OSA is related to her service-connected conditions.

The Board has remanded the cases for further examination and opinion regarding whether the appellant's sleep apnea and hypertension are related to his service, including environmental exposures while serving in Afghanistan.

The Veteran's claim for service connection of sleep apnea was denied in February 2014 due to lack of evidence linking the condition to his active service or PTSD. The Board found no new and material evidence since then.,The effective date for the grant of service connection for right knee limitation of extension is fixed at February 10, 2017, as that's when the Veteran’s right knee extension was limited by at least 5 degrees, warranting a noncompensable rating. The claim for earlier effective dates is denied.,The effective date for the assignment of a 10 percent evaluation for service-connected right knee limitation of flexion is fixed at December 18, 2015, as that's when the Veteran reported worsening symptoms and his condition was factually ascertainable. The claim for earlier effective dates is denied.

The Veteran's lower back pain is granted service connection. The AOJ must obtain a new medical opinion for the remaining issues.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and granted service connection for this condition.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it had its onset during his active duty service and is related to his military service.

The Veteran's OSA was diagnosed shortly after separation and supported by lay evidence of symptoms during service, leading to the grant of service connection.

The Veteran's appeal for service connection on the merits has been dismissed due to his death.

The Veteran's claims for service connection for various conditions have been denied. The Board found no new and material evidence to reopen the claims, and did not find any of the conditions were related to service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea (OSA) as there is no evidence of a current disability.

The Veteran's appeal for a separate evaluation for chronic respiratory disorder due to undiagnosed illness is denied as the disabilities are rated under Diagnostic Code 8868-6847, with sleep apnea being the more dominant disability.

The Veteran's appeal for a separate evaluation for chronic respiratory disorder due to undiagnosed illness is denied as the disabilities are rated under Diagnostic Code 8868-6847, with sleep apnea being the more dominant disability.

The Board has remanded the case due to missing service treatment records. The Veteran and his attorney need to review these records, which were found in microfiche form in October 2018. Updated examinations are needed based on this new evidence.

The Board dismissed the Veteran's appeal for service connection of COPD due to his withdrawal. The issues of right ear hearing loss, OSA, hypertension, and PTSD remain on appeal.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea and its relationship to his service-connected bronchial asthma.

The Board has decided to remand the Veteran's claims of service connection for sleep apnea and a higher rating for PTSD due to inadequate medical opinions and the need for additional examinations.

The Board has decided that more information is needed to determine if the Veteran's obstructive sleep apnea is related to his military service. The decision is pending until further notice.

The Board has found that the Veteran's dry eye syndrome is aggravated by her service-connected bipolar disorder. The claims for sleep apnea, right and left carpal tunnel syndromes, and tardive dyskinesia are remanded due to insufficient evidence.