Sleep apnea decisions — 2019

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder, lumbosacral strain and left hip strain. The cases of increased disability ratings for lumbosacral strain, residuals of a left hip strain, and major depressive disorder are remanded.

The Board has reopened the Veteran's claims for service connection for visual acuity impairment, an acquired psychiatric disorder, and sleep apnea syndrome due to new evidence submitted since the July 2008 rating decision. The case is remanded for further development.

Service connection for tinnitus, obstructive sleep apnea, right knee strain, PTSD, sinusitis, and rhinitis (bacterial and allergic) is granted.,An effective date prior to February 17, 2016, for the grant of a 10 percent rating for right ankle strain is denied. Service connection for PTSD, sinusitis, and rhinitis (bacterial and allergic) is also granted with an effective date of February 17, 2016.,The Veteran's service-connected PTSD aggravated his obstructive sleep apnea.

The Veteran's tinnitus, MDD with alcohol substance abuse, and right ear hearing loss have been granted service connection. However, the effective dates for these conditions are October 11, 2016.,The claims of service connection for tendinitis, left ear hearing loss, glaucoma, a thoracolumbar spine disability, COPD, hypertension, carpal tunnel syndrome, sleep apnea, and stomach ulcer remain pending. Further development is needed to determine the current status of these conditions.

The Board has determined that additional development is necessary for the Veteran's claims of increased ratings for his lumbar and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU).

The Veteran's sleep apnea is found to have had its onset during service and the Board grants service connection for this condition.

The Veteran is granted special monthly compensation (SMC) based on the need for aid and attendance and housebound status due to her service-connected disabilities, including PTSD, sleep apnea, deafness, and tinnitus.

The Board has found that the Veteran's claims of service connection for sinusitis, hyperemic nasal mucosa, headaches, and a sleep disorder are remanded due to the need for additional development including VA examinations.

The Board has decided to remand the case for further development and consideration, including a new VA examination and medical opinion. The Veteran's claim for service connection for obstructive sleep apnea will be reconsidered after reviewing newly submitted evidence.

The Veteran's claim for sleep apnea was reopened due to new and material evidence, and service connection is granted. The Board found the evidence in equipoise as to whether the Veteran's current sleep apnea is related to his active duty service.

The Board has granted an initial 100 percent rating for anxiety disorder from July 23, 1991. The issue of entitlement to a TDIU prior to August 24, 2006 is dismissed as moot due to the grant of a higher rating. Service connection for obstructive sleep apnea secondary to PTSD and obesity-related aggravation is remanded.

The Veteran's appeal is remanded for additional development regarding his claims of increased ratings and individual unemployability.

The Board dismissed the appeal for service connection of a back disability. The neck, bilateral hip, bilateral knee, and bilateral elbow disabilities were denied as not incurred in or due to service. Service connection was granted for sleep apnea and headaches, but denied for acquired psychiatric disorder.

The Board denied the petitions to reopen claims for service connection of heart disorder, sleep apnea, and hypertension. The evidence did not establish a direct relationship between these conditions and service.

The claim has been reopened, but the service connection for a back condition and sleep apnea (secondary to PTSD) is still pending as new evidence was submitted. The case is being remanded for further examination and opinion.

The Board has remanded the Veteran's claims for service connection and increased rating due to incomplete medical records, lack of a full rationale in the previous VA examination, and new arguments regarding his left ankle disorder. The issues include psychiatric disorders, lumbosacral spine disorders, left knee disorders, left ankle disorders, right knee disorders, and TDIU.

The Veteran's claims for increased ratings for service-connected degenerative changes of the lumbosacral spine with stenosis and right myelopathy, and major depressive disorder (MDD) are being remanded due to incomplete procedures. The claim for special monthly compensation based on need for regular aid and attendance or housebound status is also being remanded as it is inextricably intertwined with the increased rating claims.

The Veteran's depression is granted as service connected. The cases of right knee disability, asthma, and obstructive sleep apnea are remanded for further development.

The Board denied service connection for obstructive sleep apnea, finding that the Veteran's condition is not related to his active duty service or a service-connected disability.

The Veteran's service-connected PTSD is found to be the cause or aggravation of his obstructive sleep apnea, leading to a grant of service connection for this condition.