Sleep apnea decisions — 2019

The Veteran's appeals for service connection were dismissed as he withdrew his appeal prior to the Board making a decision.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected migraine headaches.

The Veteran's sleep apnea is secondary to his service-connected acquired psychiatric disability. The Board has granted service connection for sleep apnea on a secondary basis.

The Board has dismissed the appellant's appeals for service connection and increased rating claims related to gout, lumbar spine disability, obstructive sleep apnea, GERD, anxiety disorder (claimed as PTSD), and hypertension. The claim for service connection of PTSD is granted.

The Veteran's lumbosacral strain and tinnitus are found to be related to service, while his bilateral hearing loss is not. Service connection is granted for both the lumbosacral strain and tinnitus.

The Board has remanded the Veteran's claims for additional development and review. The appeals are not related to service connection.

The Veteran's service-connected PTSD is currently rated at 70 percent, effective prior to March 5, 2018. Service connection for migraine headaches as secondary to PTSD has been granted. However, the claim for sleep apnea remains denied.

The Veteran's service-connected headache disorder, tinnitus, and major depressive disorder are found to be related to his current headaches. Service connection for sleep apnea is denied as there is no evidence of a current diagnosis. The Veteran's bilateral hearing loss is assigned the minimum noncompensable rating due to the nature of the disability. A higher rating for tinnitus is not granted, and a higher rating for major depressive disorder is also denied.

The Board has determined that the Veteran's right knee disability, hypertension, hypertensive retinopathy, left ventricular hypertrophy, and mixed sleep apnea are all related to his service-connected right knee disorder. The Board has also found that these conditions have caused or aggravated obesity in the Veteran, which is a significant factor in determining whether they can be considered secondary to his service-connected disability. As such, the Board has decided to remand these claims for further examination and analysis.

The Board denied the Veteran's claims for service connection for a neck disability and a lower back disability, finding that there is no medical evidence to support a causal relationship between her service-connected left shoulder condition and her claimed disabilities.

The Board has reopened the Veteran's claim for service connection for sleep apnea due to new and material evidence. The claims of service connection for a respiratory disability, including COPD, are also remanded.

The Board has remanded the Veteran's claims of service connection for peripheral neuropathy, PTSD, and sleep apnea due to incomplete examinations and lack of adequate evidence regarding the etiology of these conditions.

The Board has denied service connection for obstructive sleep apnea and remanded the issue of a higher initial rating for posttraumatic stress disorder.

The Board denied the Veteran's request to reopen his service connection claim for a lumbosacral spine disability, finding that new and material evidence had not been received since the final September 2003 rating decision.

The Board denied service connection for Obstructive Sleep Apnea, finding that the condition was not incurred or aggravated by active military service and is not etiologically related to a service-connected disability.

The Veteran's obstructive sleep apnea is found to have started during his military service, and the Board has granted service connection for this condition.

The Veteran's application to reopen the claim for service connection for difficulty sleeping due to insomnia is denied. The Board found that new evidence does not raise a reasonable possibility of substantiating the claim, as it pertains to a different condition (sleep apnea) than what was previously considered.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's sleep apnea, including whether it was caused by service or by his service-connected PTSD.

The Board has denied the Veteran's claim for service connection for a right shoulder disability and remanded the issue of entitlement to service connection for sleep apnea due to insufficient evidence.

The Veteran's sleep apnea is found to be incurred during active service, with the Board finding that the evidence is at least equipoise in favor of this claim.