Sleep apnea decisions — 2019

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea with CPAP, finding that his current condition is related to symptoms he experienced during service.

The Board denied service connection for sleep apnea in December 2018 and dismissed the appeal as there was no justiciable case or controversy.

The Board has dismissed the appeal regarding entitlement to a temporary total evaluation due to hospital treatment in excess of 21 days for a service-connected condition. The Veteran's left ear hearing loss is granted as related to his noise exposure during active service.

The Board has decided that the Veteran's OSA disability is not connected to his active duty service and has ordered a new VA examination to determine if it is secondary to his service-connected TBI.

The Veteran's claims for service connection for hearing loss and tinnitus were denied as there is no evidence of current disabilities related to these conditions. The claim for service connection for sleep apnea was granted on a secondary basis, with the aggravation being due to his service-connected right foot and ankle injuries.,Service connection for congestive heart failure and residuals of transient ischemic attacks (stroke) were denied as there is no evidence linking these conditions to service.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it did not have its onset during active service and is not otherwise etiologically related to such service.

The Veteran's appeals for increased disability ratings, service connection claims, and a total disability based on individual unemployability (TDIU) have been dismissed due to his death.

The Veteran's sleep apnea is found to be aggravated by his service-connected PTSD, and thus service connection for sleep apnea is granted.

The Board has determined that the Veteran does not have a current bilateral hand disability and therefore, service connection for this condition is denied. The issues of entitlement to service connection for right knee pain, sciatic nerve condition, lumbosacral strain, left knee patellofemoral pain syndrome, and migraines are remanded for further development.

The Veteran's bilateral hearing loss is currently rated as zero percent disabling, which is the maximum rating available under VA regulations.,The Veteran's tinnitus has been assigned a single 10 percent rating since September 2014 and there is no legal basis for an increased rating.

The Board has not fully addressed the Veteran's testimony regarding his symptoms in service and their connection to his current obstructive sleep apnea. The case is being remanded for further development.

The Board has decided that additional development is needed for the Veteran's claims of service connection for hypertension and sleep apnea, which are secondary to her service-connected PTSD. The case is being remanded for further examination and review.

The Board dismissed the Veteran's appeals regarding his service connection claims for sleep apnea syndromes, tinnitus, and PTSD due to his withdrawal of the appeal prior to a decision being made.

The Board has determined that the Veteran's sleep apnea is related to her active service, specifically her deployment in Iraq. As a result, the claim for service connection for sleep apnea is granted.

The Veteran is granted annual clothing allowances for a back brace and left knee brace used due to service-connected disabilities, but the right knee brace is denied as there is no current service connection.

The Board has dismissed the appeal for service connection of sleep apnea as it was granted by the RO and there is no disagreement with the grant or rating.

The Board has granted the Veteran's claim to reopen his service connection for sleep apnea and determined that he had a current disability, in-service incurrence of a disease or injury (service), and a causal relationship between the present disability and the disease or injury incurred during service. The opinion from Dr. Spinweber supports the finding that the Veteran's sleep apnea developed during his military service.

The Veteran's service-connected left and right shoulder disabilities, as well as lumbosacral strain with degenerative disc disease (DDD), PTSD, and cognitive disorder to include traumatic brain injury, not otherwise specified, have been granted initial ratings of 20 percent each. The Veteran is also entitled to a TDIU due to his service-connected disabilities. Service connection for acid reflux secondary to PTSD and erectile dysfunction (ED) secondary to PTSD are remanded.

The Veteran's obstructive sleep apnea was incurred in or caused by his military service, and the Board granted service connection for this condition.

The Veteran's PTSD with insomnia is granted a disability rating of 70 percent, but no higher. The Veteran's lumbosacral strain and bilateral painful neuroma are remanded for further evaluation.