Sleep apnea decisions — 2019

The Board has denied the Veteran's claim for service connection for sleep apnea and remanded his claims for increased ratings for lumbar sprain with degenerative disc disease. The decision on the sleep apnea claim is final.

The Veteran's service-connected lumbosacral strain disability is currently rated at 40 percent from June 12, 2018. The Board finds that a higher rating is not warranted for this period.

The Veteran's application to reopen claims of service connection for sleep apnea and bilateral hearing loss is granted. The claim for sleep apnea remains denied, while the claim for bilateral hearing loss is reopened.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and examination.

The Board denied an earlier effective date for the grant of service connection for lumbosacral strain, finding that no new and material evidence was submitted prior to October 4, 2014.

The Board dismissed the Veteran's petitions to reopen previously denied claims for various conditions, as he did not timely file a substantive appeal within the required time frame.

The Veteran's service-connected conditions, including OSA, PLMD and RLS, lung disability, and left lower extremity radiculopathy, are granted. The Veteran is also granted a TDIU from November 28, 2017.

The Board has decided to remand the case for further examination and evaluation of the Veteran's sleep apnea, specifically whether it is related to his service-connected bronchitis and asthma.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that there is at least an even balance of evidence to support the claim and resolving reasonable doubt in favor of the Veteran.

The Board has denied the Veteran's claims for service connection for sleep apnea and tendonitis of the right thumb, finding that there is no evidence to support a direct link between these conditions and his military service.

The Board has reopened the Veteran's previously denied service connection claims for obstructive sleep apnea, bilateral hearing loss disability, and tinnitus. However, additional development is required as there are no adequate examinations of record to properly adjudicate these issues.

The Board has reopened the Veteran's claims for service connection for sinusitis and sleep apnea, but finds that further development is needed to determine if these conditions are related to his military service.

The Veteran's claims for service connection for sleep apnea, anxiety disorder, headaches, a head scar, and fibromyalgia have been dismissed as the Veteran withdrew his claims during his June 2019 Board hearing.,The Veteran's claim for an initial disability rating in excess of 50 percent for service-connected headaches has also been dismissed.

The Board has remanded the case due to a lack of an opinion addressing whether the Veteran's obstructive sleep apnea is aggravated by his deviated nasal septum. An addendum opinion must be obtained.

The Board has dismissed the claim for waiver of recovery of an overpayment and has remanded two issues: increased rating for PTSD and service connection for OSA.

The Veteran's cerebral aneurysm and Tolosa Hunt Syndrome are granted service connection as they are directly related to her time in active service.

The Board has remanded the Veteran's claims for sleep apnea and heart disability due to potential issues with the July 2016 VA medical opinions. The Veteran is seeking service connection for these conditions, either directly or as secondary to his service-connected allergic rhinitis and hypertension.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected pleural lung disease with COPD and pulmonary nodule, right lower lung. The VA examiners concluded that there is no causal link between the Veteran’s service-connected condition and his current sleep apnea.

The Veteran's depressive disorder is rated at 70 percent, and service connection for OSA is granted.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's claimed conditions, including whether they are related to service or other factors.