Sleep apnea decisions — 2019

The Veteran's service connection claim for OSA is granted as his current condition and symptoms began during his military service.

The Veteran's back disorder was granted service connection. The remaining claims for various other disorders were denied.

The Board has remanded the case for further examination and opinion regarding service connection for an acquired psychiatric disorder (claimed as PTSD with sleep disturbance) due to conflicting opinions on whether the Veteran's ADHD existed prior to service.

The Board dismissed the claim of nonservice-connected pension benefits. The issues of rating higher than 40 percent for transverse ascending myelitis with lumbosacral spondylosis and degenerative disc disease (DDD) in the thoracolumbar spine, entitlement to special monthly compensation (SMC) based on loss of use of both feet, and eligibility for specially adapted housing (SAH) or special home adaptation (SHA) are remanded.

The Board has determined that the Veteran does not have a current diagnosis of any claimed disabilities and finds no credible evidence linking these conditions to service. The claims for service connection are denied.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a new VA examination and further development of evidence.

The Veteran's claims for increased ratings and initial evaluations for his service-connected lumbosacral spine disability and associated lower extremity radiculopathy are being remanded due to the need for additional examinations and medical opinions.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and a rating in excess of 10 percent for his tracheotomy scar. The Veteran’s PTSD claim is remanded due to lack of recent VA examination records.

The Veteran's sleep apnea is found to have first arisen during his active duty service, and the Board has granted service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea (OSA) is denied because there is no evidence of OSA during service and the medical evidence does not support a link between current OSA and service.

The Board has denied service connection for obstructive sleep apnea and remanded the issues of increased rating for erythema multiforme and assignment of an effective date prior to September 9, 2014 for the grant of a 30 percent disability rating for erythema multiforme.

The Veteran's service-connected disabilities were not permanent and total as of September 20, 2016. Therefore, the effective date for her Dependent's Education Assistance (DEA) benefits cannot be earlier than September 20, 2016.

The Veteran's claim for increased ratings and TDIU is being remanded due to the need for additional examinations and evaluations.

The Veteran's claims for an increased rating for his lumbosacral strain and for a total disability rating based on individual unemployability due to service-connected disabilities are being remanded as the current evidence is insufficient to make a determination.

The Board has remanded the claim for service connection of an acquired psychiatric disorder, including PTSD. The July 2013 VA examiner did not provide a nexus opinion regarding whether the Veteran's current depressive or anxiety disorders are related to his military service.,Service connection for sleep apnea is denied as there is no competent evidence showing that the condition began during active service or is otherwise related to his active service.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. The Board has remanded these cases for further development.

The Veteran's OSA and PFB were granted service connection as they are considered to be directly related to their military service.

The Veteran's sleep apnea is found to have manifested during active duty service, and the Board grants service connection for this condition on a direct basis.

The Veteran's service-connected disabilities which were considered static in nature reached a combined evaluation of 100 percent as of July 1, 2006. The Board found that the criteria for establishment of basic eligibility to Chapter 35 Dependents' Educational Assistance (DEA) benefits were satisfied as of this date.

The Board denied the Veteran's claim for a combined total disability rating greater than 100 percent, finding that his service connected disabilities already warranted a 100% combined rating.