Sleep apnea decisions — 2019

The Veteran's appeals for initial ratings, effective dates, and TDIU are being remanded due to procedural issues. The Veteran is also requested to provide testimony before a Decision Review Officer (DRO).

The Board has granted the Veteran's claim for service connection for sleep apnea. However, the claims for service connection for coronary artery disease and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) are remanded as there is insufficient evidence to determine if these conditions are related to his service-connected glaucoma, headaches, or sleep apnea.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of its onset during service or due to exposure to environmental hazards in Southwest Asia. The medical evidence did not support a link between the Veteran's current condition and his military service.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms are attributable to his military service and resolving any doubt in favor of the Veteran.

The Board has granted service connection for sleep apnea and diabetes mellitus, finding that the Veteran's symptoms began in service and he was exposed to herbicides during his service in Thailand. The decision is based on presumptive exposure to herbicides.

The appeal for service connection of pulmonary fibrosis and a skin disorder (including rosacea and skin cancer) is dismissed due to the death of the appellant.

The Board has dismissed the appeals for sleep apnea, diabetes mellitus, and bilateral hearing loss. The remaining issues have been remanded for further development.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's obstructive sleep apnea is related to his service-connected sinusitis and if it is secondary to a pre-existing condition. The examiner must provide an updated opinion addressing these issues.

The Veteran's lung disorder is granted service connection, but his sleep apnea is denied as not related to active duty or his lung disorder.

The Board denied the Veteran's claims of service connection for various conditions, including shortness of breath, sleep apnea syndrome, headaches, right elbow disorder, right hip disorder, muscle pain, GERD, and pancreatitis. The evidence did not establish a link between these conditions and his military service.

The Veteran's claim to reopen a service connection for sleep apnea is granted. The case is remanded for further development, including obtaining medical records and arranging for examinations to determine the etiology of his sleep apnea and the severity of his cervical and lumbar spine disabilities.

The Veteran's claim for service connection for a sinus condition is denied as there is no current diagnosis of the claimed condition.,The Veteran's claims for service connection for obstructive sleep apnea (OSA), hypertension, prostate cancer, and diabetes mellitus, type II are remanded due to insufficient evidence regarding their etiology.,Service connection for obesity was previously denied in a January 2019 rating decision. The Board notes that on January 6, 2017, the General Counsel issued a precedential opinion which held that obesity could be an 'intermediate step' between a service-connected disability and a current disability.,The Veteran's claim for service connection for prostate cancer is remanded due to insufficient evidence regarding its etiology.,The Veteran's claim for service connection for headaches is remanded as it is inextricably intertwined with his claims for sleep apnea.

The Board has remanded the claim for service connection of a skin disability, claimed as secondary to herbicide agent exposure, due to insufficient examination and opinion regarding in-service sun exposure and presumed herbicide agent exposure.

The Veteran's claim for service connection for sleep apnea secondary to PTSD is granted, and his PTSD rating is increased to 70%. The effective date of the PTSD grant is set at February 9, 2010. Other claims are remanded.

The Veteran's claims for service connection for sleep apnea, hypothyroidism, an acquired psychiatric disorder, and a stomach disorder (hiatal hernia and/or gastroesophageal reflux disease) have been denied. The Board has found insufficient evidence to establish service connection on any basis.

The Board has denied the Veteran's claims for service connection for sleep apnea, COPD, left and right elbow disabilities, left and right shoulder disabilities, and bilateral knee disabilities due to lack of evidence of a current disability. The case is remanded for further development.

The Veteran's claims for an increased rating for GERD and service connection for sleep apnea were denied. The Board found that the Veteran did not meet the criteria for a higher disability rating for GERD, as his symptoms did not warrant a 60% rating. For sleep apnea, the Board determined there was no causal relationship to service or any service-connected condition.

The Board has remanded the Veteran's claims for increased ratings and TDIU due to new evidence of worsening symptoms. The VA will obtain updated medical records, including from Vet Centers and private providers, and schedule examinations to assess current disability levels.

The Board has remanded the claims for cervical spine disorder and OSA due to insufficient medical opinions. The TDIU claim is also remanded as it is intertwined with these service connection claims.

The Board has determined that a new VA opinion is needed to determine if the Veteran's sleep apnea is related to his service, including his service-connected asthma.