Sleep apnea decisions — 2019

The Board has remanded both claims for additional development and consideration of the evidence, including any new evidence received since the last Supplemental Statement of the Case (SSOC).

The Board has reopened the Veteran's previously denied claims for service connection for low back disorder, acquired psychiatric disorder, tinnitus, left knee disorder, right knee disorder, bilateral heel spurs, bilateral tinea pedis, chronic sinus disorder, OSA, hemorrhoids, and bilateral hearing loss. The appeal is granted to this extent only.

The Veteran's petition to reopen the previously denied claim for service connection for fibromyalgia was granted. Service connection for lumbosacral spine disability and bilateral lower extremity radiculopathy were also granted.

The Veteran's generalized anxiety disorder is rated at 50 percent, and his TDIU claim is granted.,The Veteran's herniated lumbar disc/intervertebral disc syndrome is remanded for further review.

The Veteran's sleep apnea is service-connected, but his obesity and other conditions are not.,Multiple chemical sensitivity (MCS) may be related to the Veteran's service, but further examination is needed.

The Veteran's appeal is remanded to obtain a VA examination regarding whether his vertigo is caused or aggravated by service-connected bilateral hearing loss and tinnitus disabilities.,The Veteran's appeal is also remanded to determine if his sleep apnea is related to his morbid obesity, which may be secondary to his service-connected spine, ankle, and hip disabilities.

The Board has reopened the claim for service connection for lumbosacral strain and denied the claim, finding that there is no evidence of a chronic back disorder during or within one year after service. The Veteran's current symptoms are not related to his military service.

The Board has remanded the cases for further development due to the need for additional VA examinations and opinions regarding the Veteran's sleep apnea and respiratory disorders.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that there is no evidence of a current disability and that it was not caused or aggravated by his military service.

The Veteran's lumbosacral strain with degenerative arthritis of the spine is now rated at 40 percent effective October 22, 2018. Service connection for radiculopathy in both lower extremities has also been granted.

The Board has decided to remand the case due to inadequate examination and need for clarification of diagnoses in the Veteran's records.

The Board denied service connection for obstructive sleep apnea (OSA) and erectile dysfunction (ED), both claimed as secondary to service-connected posttraumatic stress disorder (PTSD).,Service connection was not granted because the evidence did not establish a direct relationship between the conditions and active duty service, nor could it be established that PTSD caused or aggravated these conditions.

The Board has reopened the claim of service connection for PTSD and remanded the claims for service connection for Obstructive Sleep Apnea and Hypertension due to new evidence submitted by the Veteran.

The claim for a heart condition has not been reopened due to lack of new and material evidence.,The claims for right and left ankle disabilities have been reopened based on the submission of new evidence, but service connection is denied as there is no direct or secondary evidence linking these conditions to service.,Diabetes mellitus was not incurred in service and is not related to any other condition. Service connection is denied.,Bilateral peripheral neuropathy of the lower extremities has not been shown to be related to service, nor is it linked to a pre-existing condition. Service connection is denied.,Diabetic retinopathy was not documented during service or within one year after separation and is not considered secondary to any other condition. Service connection is denied.,A kidney condition was not diagnosed in service or within one year of separation, and there is no evidence linking it to service. Service connection is denied.,Vertigo has not been shown to be related to service. Service connection is denied.,Gastroesophageal reflux disease (GERD) was not documented during service and is not considered secondary to any other condition. Service connection is denied.,Gout was not diagnosed in service or within one year of separation, and there is no evidence linking it to service. Service connection is denied.,A lung disability manifested by spots in the lung has not been shown to be related to service. Service connection is denied.,Neurological condition manifested by tremors has not been shown to be related to service. Service connection is denied.,Sleep apnea was not shown to be related to service or any other condition. Service connection is denied.,Left shoulder disability was not diagnosed in service and is not considered secondary to any other condition. Service connection is denied.,Hypertension did not have its onset during service, nor is it linked to a pre-existing condition. Service connection is denied.,Erectile dysfunction was not shown to be related to service or any other condition. Service connection is denied.,Left hip disability and right ear condition (manifested by swelling and drainage) were not diagnosed in service or within one year of separation, and there is no evidence linking them to service. Service connection is denied.

The Board has remanded the cases for further examination and opinion regarding service connection, rating, and retroactive payment issues.

The Board has decided to remand the cases for further examination and opinion regarding service connection, rating, and retroactive payment issues.

The Veteran's claims for service connection for chronic adjustment disorder with depression, hypertension, sleep apnea, and insomnia were denied as the evidence did not show a current disability or relationship to military service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service and granted his claim for service connection.

The Veteran's claim for sleep apnea and shoulder injury residuals is granted, but the claims for TDIU are remanded due to the need for further examination.

The Veteran's appeals for a higher rating for lumbar spine disability, service connection for diabetes mellitus and sleep apnea, and TDIU have been dismissed due to his withdrawal of the appeals prior to the promulgation of a decision.