Sleep apnea decisions — 2019

The Veteran's current Obstructive Sleep Apnea (OSA) developed during his active duty service, particularly in Iraq where he worked near a burn pit. The Board found that the OSA began during service and was aggravated by in-service toxin exposure.

The Board has granted the Veteran's claim for service connection for a psychiatric disorder to include PTSD, anxiety and depression. The other claims of service connection are remanded.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's service-connected sinusitis and allergic rhinitis caused or aggravated his sleep apnea. A new examination is required.

The Veteran's appeal for service connection for bilateral hearing loss has been withdrawn.,Service connection is granted for tinnitus, with the condition having been continuously present since active duty.

The Board denied the Veteran's claims for service connection of an acquired psychiatric disorder, obstructive sleep apnea, and emphysema with COPD. The decision also noted that some issues were remanded.

The Veteran's claim for fibrositus scapulothoracic condition was granted with an effective date of June 1, 2013. The earlier effective date for tinnitus is denied.,The Board has determined that the Veteran’s obstructive sleep apnea should be remanded to obtain a medical opinion regarding its etiology.

The Board has decided to remand the case due to the need for a new medical opinion regarding whether the Veteran's obstructive sleep apnea had its onset during active service or is related to any in-service disease, event, or injury, specifically his in-service tonsillectomy.

The Board denied the Veteran's request for an earlier effective date for additional compensation for dependents, finding that the earliest applicable date was April 1, 2015.

The Board has remanded the claims of service connection for sickle cell trait with bleeding and migraines, sleep apnea (Gulf War exposure), erectile dysfunction (secondary to hernia and medications), degenerative disc disease of the cervical spine, allergic rhinitis, and inguinal hernia. The Veteran is also requested to provide a DRO hearing.

The Veteran's claim for TDIU is dismissed as moot because he has already been receiving a 100% rating for his service-connected bilateral progressive cone dystrophy and other disabilities, which qualifies him for special monthly compensation (SMC) under Section 1114(p). An award of TDIU would not provide the Veteran with additional SMC benefits.

The Board has determined that additional development is necessary prior to the adjudication of the Veteran’s claims. The Veteran's claims for service connection are remanded due to outstanding VA medical records and need for VA examinations.

The Board has reopened the Veteran's claim for service connection for a left shoulder disability and remanded the claims of service connection for sleep apnea, PTSD rating, and TDIU due to new evidence received since the last denial.

The Board has decided to remand the case due to insufficient opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected sarcoidosis and its medications. The VA will need to provide a supplemental opinion from a somnologist or pulmonologist.

The Board has determined that additional evidence is needed to determine the nature and etiology of the Veteran's sleep apnea condition, specifically whether it is related to service or any in-service exposure. The decision on service connection for erectile dysfunction remains denied.

The Board has remanded the claims for asthma and sleep disorder to include OSA due to exposure to burn pits in service. The Veteran's lay testimony of continuous symptoms since deployment is not addressed by the November 2016 VA examination.

The Board has remanded the Veteran's claims for sleep apnea and low back disability due to potential service connection issues. The examiner will need to consider whether these conditions are related to his military service, including PTSD and carrying heavy gear.

The Veteran's right wrist disability is not service-connected.,Service connection for sleep apnea has been granted based on a diagnosis after service and exposure to burn pit smoke during service.

The Veteran's claims for increased rating and service connection are being remanded due to the addition of new VA treatment records. The case will be reviewed by the AOJ before a decision is made.

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

The Veteran's claims for service connection for obstructive sleep apnea and an increased rating for eczema of the hands and feet were denied. The Board found that there was no evidence linking the conditions to service, and the current ratings are appropriate based on the severity of the skin condition.