Sleep apnea decisions — 2019

The Board denied the Veteran's claims for service connection for right knee and lower back injury, finding no evidence of a nexus between these conditions and his military service.

The Board has denied service connection for an acquired psychiatric disability and remanded the claim for sleep apnea due to insufficient evidence.

The Board denied the Veteran's claims for clothing allowances related to topical cream, TENS unit, and knee braces used for service-connected conditions. The decision was based on the lack of evidence supporting these claims under VA regulations.

The Veteran's PTSD is rated at 70 percent, and the Board finds no evidence of total occupational and social impairment.,The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities.

The Board has determined that new and relevant evidence has been received to support the Veteran's claim for service connection for sleep apnea. The issue of whether the Veteran's sleep apnea is due to asbestos exposure or secondary to his service-connected pleural plaques is remanded.

The Board has remanded the Veteran's claims of service connection for pulmonary embolism, left lower extremity deep vein thrombosis, and obstructive sleep apnea due to inadequate opinions in the April 2019 VA examination reports.

The Board has remanded the case due to inadequate reasons and bases for concluding that a medical examination or nexus opinion was not necessary in the service connection claim for sleep apnea. The Veteran's sleep apnea is related to his other disabilities, specifically cervical spondylosis and lumbar radiculitis and degenerative arthritis.

The Board denied service connection for low back disability, bilateral hearing loss, and obstructive sleep apnea. Service connection was granted for bilateral hearing loss. The Board also denied service connection for left leg sciatica.

The Veteran's service connection claim for obstructive sleep apnea is granted. The issues of entitlement to an initial compensable rating for hypertension and service connection for a callus on the right little toe are remanded.

The Board has determined that the Veteran's sleep apnea is likely caused by his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's claims for service connection have been remanded due to the need for additional development and consideration of new evidence. The effective dates for PTSD and headaches remain denied.

The appeals for service connection for diabetes and a cardiac disorder are dismissed. Service connection for sleep apnea is granted, but the Veteran's TDIU appeal remains pending.

The Board dismissed the appeals for increased ratings for GERD and a lumbosacral spine disability due to the Veteran's withdrawal of those appeals prior to the promulgation of a decision.

The Veteran's claims for service connection for right ear hearing loss, erectile dysfunction, traumatic brain injury (TBI), and depression were denied. The Veteran was granted a 10 percent rating for lumbar disc degeneration status post fusion, left knee patellofemoral syndrome, and right knee patellofemoral syndrome. The Veteran's claims for initial ratings in excess of 10 percent for tinnitus, disability ratings in excess of 50 percent for sleep apnea with insomnia, and disability ratings in excess of 10 percent for hypertension were denied.,The Veteran was not granted service connection for right ear hearing loss or erectile dysfunction. The Board found that the evidence did not support a finding that these conditions are related to his military service.

The Board denied service connection for obstructive sleep apnea and remanded the evaluations for thoracic outlet syndrome of both upper extremities.

The Veteran's obstructive sleep apnea was first diagnosed during service and the VA examiner opined that it is at least as likely as not related to service.

The Board has remanded the Veteran's claims for hepatitis C, diabetes mellitus type 2, high blood pressure, sleep apnea, anxiety, and depression due to outstanding service treatment records not being available. The Veteran is presumed to have had these conditions during his military service.

The Board has decided to remand several claims for additional development, including obtaining medical records and scheduling the Veteran for VA examinations. The claims include compensation for lumbosacral spine disorder, hip disorders, ankle OA, and facial weakness and biting of the tongue.

The Veteran's appeal is remanded for further development, including scheduling a VA examination and requesting the Veteran to complete and submit a VA Form 21-8940. The issues of entitlement to an initial rating in excess of 50 percent for sleep apnea, entitlement to an effective date earlier than May 1, 2012, for service connection for sleep apnea, and entitlement to TDIU are inextricably intertwined.

The Veteran's high cholesterol, acquired psychiatric disorders (including PTSD, anxiety, and depression), astigmatism and refractive error of the eyes, frequent urination, crescentic IgA nephropathy with congenital left atrophic kidney condition, right knee disability, left ear hearing loss, diabetes mellitus, sleep apnea, hypertension, and acid reflux are all denied as service connection. The Veteran's character of discharge for his period of active service from March 2007 to April 2012 is a bar to VA benefits.,The Veteran was not diagnosed with obsessive compulsive disorder or multiple personality disorder during his military service.