Sleep apnea decisions — 2019

The Veteran's appeals for service connection and rating issues have been dismissed due to withdrawal of the claims by the Veteran during his hearing.,Additional development is required for the following issues: whether new and material evidence has been received to reopen a claim of service connection for residuals of a neck injury, service connection for sleep apnea secondary to an acquired psychiatric disorder and service-connected sinusitis, service connection for an acquired psychiatric disorder (PTSD), initial rating higher than 10 percent for right shoulder strain and rotator cuff tendonitis, initial rating higher than 10 percent for instability of the left knee, and initial rating higher than 10 percent for left knee strain with meniscus repair surgery.

The Board has remanded the claims of service connection for sleep apnea, plantar psoriasis, and a back disability. Additionally, the claim to reopen the service connection for plantar keratoderma is also being remanded.

The Veteran's sleep apnea is found to have started during his active service and has continued since then, meeting the criteria for service connection.

The Veteran's claims of service connection for hypertension, migraine headaches, bilateral hearing loss, obstructive sleep apnea, diabetes mellitus, and an acquired psychiatric disorder have been granted. The effective date remains pending as the RO has not addressed this issue in its decision.

The Veteran's tinnitus is granted service connection, but an earlier effective date for PTSD remains denied.,Service connection for chronic fatigue, sleep apnea, headaches, and joint pain are all remanded due to insufficient evidence.

The Veteran withdrew his appeals on all issues related to service connection and increased rating for various conditions, including low back disability, right and left leg disabilities, OSA, heart condition, hypertension, headaches, insomnia, and psychotic disorder.

The Board denied service connection for chronic fatigue syndrome, sinusitis, and obstructive sleep apnea as the evidence did not support a finding of a current disability or a link to service.

The Veteran's claims for increased disability ratings and service connection are being remanded due to inadequate examination reports.,Service connection for asthma, obstructive sleep apnea, and undiagnosed illness/chronic multisymptom illnesses associated with Persian Gulf service is also being remanded.

The Board has reopened the Veteran's claim of service connection for sleep apnea, but has remanded it for further development and opinion regarding the cause and aggravation of his condition.

The Veteran's claim for an increased rating for diabetes mellitus, type II with erectile dysfunction was denied as the evidence did not show that his condition required more than one daily insulin injection and regulation of activities. The claim for SMC based on need for aid and attendance or housebound status was also denied due to lack of evidence showing he needed regular assistance.

The Veteran's claims for service connection for left ankle condition and left knee condition were denied due to lack of new and material evidence. The claim for sleep apnea was reopened, but remains on remand.,The Board found that the Veteran did not submit new and material evidence for his left ankle and left knee conditions, as the provided evidence was cumulative or redundant. However, the claim for service connection for sleep apnea (secondary to PTSD) is now on remand.

The Veteran's service-connected disability (somatic symptom disorder) is found to be at least as likely the cause of his current obstructive sleep apnea, and he is granted service connection for OSA as secondary to this condition.

The Board denied the Veteran's application to reopen his claim of service connection for sleep apnea, finding that no new and material evidence had been presented.

The Veteran's claim for bilateral hearing loss has been reopened, but service connection remains denied.,Service connection is denied for left shoulder arthritis and leg pain as these conditions are not related to active duty service or a service-connected disability.,Service connection for sleep apnea is denied as there is no current diagnosis of the condition.,Diabetes mellitus, type II, was not incurred in or aggravated by active military service. Service connection is also denied.,Headaches and PTSD are not etiologically related to the Veteran’s active duty service.,Service connection for depression has been granted with staged initial ratings from October 2, 2013.

The Board has remanded the Veteran's claims due to incomplete service treatment records, specifically those from February 2016 indicating they are in 'Oakland'. These records need to be obtained.

The petition to reopen the claim for service connection for a right knee disability is granted. The decision on asthma, lower back disability, left knee disability, and sleep apnea claims are remanded.

The Veteran's claim for service connection for sleep apnea has been reopened, and the Board finds that remand is necessary to obtain a medical opinion regarding whether his sleep apnea is secondary to his service-connected COPD, sinusitis, or allergic rhinitis. The case will be returned to the AOJ for further adjudication.

The Veteran's service connection claim for a sleep disorder, including upper airway resistance syndrome and sleep apnea, is denied as there is no evidence of a current disability that manifested during active service or is otherwise causally related to his military service. The Board found the Veteran does not have a separate sleep disorder caused by his service-connected PTSD, coronary artery disease, or low back disability.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and a compensable rating for bilateral hearing loss, finding that there is no evidence to support these claims.

The Board has granted service connection for sclerotic changes and vascular calcifications with mild degenerative changes in the left tibial metaphysis, but denied service connection for chondrosarcoma.