Sleep apnea decisions — 2019

The Board has remanded the issues of service connection for PTSD, thyroid condition, compensation under 38 U.S.C. § 1151 for residuals of breast reduction surgery, and service connection for morphea scleroderma due to new evidence received since previous decisions.

The Board has remanded the Veteran's claims for service connection for sleep apnea, a rating in excess of 30 percent for other specified trauma and stressor related disorder, and TDIU due to inadequate opinions and lack of consideration of relevant evidence.

Service connection for OSA, URI, left hip disorder, right hip disorder, left ankle disorder, and right ankle disorder is denied. Service connection for headaches and CFS is remanded.

The Board has determined that the Veteran's obstructive sleep apnea did not begin during service and is not related to any in-service injury or disease. The preponderance of evidence does not support a finding that his current sleep apnea is caused by or aggravated by a service-connected disability.

The Veteran's appeal for increased ratings and TDIU is being remanded due to the failure of his representative to respond to previous notices and requests for information.

The Veteran's appeal is remanded for further development regarding his service-connected obstructive sleep apnea, neck disability, right ankle disability, and restless leg syndrome.,The Veteran's GERD remains rated at 10 percent.

The Veteran's service-connected conditions were denied as they are not related to military service. The Board found the evidence did not support a finding that any of these conditions began during or were aggravated by active duty.

The Board has denied service connection for bilateral hearing loss, and the issues of service connection for a right arm condition, left foot condition, breathing disorder, and obstructive sleep apnea are remanded due to inadequate VA examinations.

The Veteran's appeal for service connection for PTSD has been dismissed as he withdrew his appeal.,Service connection for sleep apnea is denied because there is no competent and probative evidence of record to establish that the Veteran’s sleep apnea had its onset in service or is causally related to service.

The Board has remanded the Veteran's claims for service connection for a pulmonary disorder, to include COPD, and a sleep disorder other than sleep apnea. The issues are related to exposure in Afghanistan.

The Board denied a higher rating for the Veteran's lower back injury, finding that his disability did not meet or approximate the criteria for a higher rating under the applicable VA regulations.

The Veteran's claim for service connection for obesity is denied. The Board has remanded the issue of service connection for sleep apnea, to include as secondary to PTSD with MDD and TBI, a left knee disability, and/or a traumatic nasal fracture.

The Board has granted service connection for a lumbar spine disability, left leg disability, right leg disability, and OSA. The claims were reopened due to new evidence received since the previous decisions.

The Board has decided that the Veteran's claim for service connection for sleep apnea should be remanded to allow for a VA examination and further development of the record.

The Board denied service connection for hypertension and denied a request for an earlier effective date for the increased rating of sleep apnea. The Veteran's hypertension was not found to be related to his service-connected obstructive sleep apnea, and there is no evidence that he had hypertension within one year after discharge from service. The effective date for the 50% rating for sleep apnea was set at April 20, 2015.

The appeal for service connection for peripheral neuropathy, right lower extremity is dismissed. The issues of service connection for sleep apnea and hypertension are remanded.

The Board has granted service connection for obstructive sleep apnea but has remanded the heart disorder claim due to missing records and further examination.

The Board denied service connection for deviated nasal septum and sleep apnea syndrome as there was no evidence of an in-service event related to the conditions, and no nexus between his claimed disorders and military service.

The Board has reopened the Veteran's claims for left ankle disability, obstructive sleep apnea, and acquired psychiatric disorder to include PTSD and depression. The claim of service connection for acne with scarring is also remanded as it is inextricably intertwined with the acquired psychiatric disorder claim. The rating for bilateral hearing loss remains pending.

The Board has remanded the Veteran's claims for service connection for sleep apnea and a rating for chondromalacia of the left patella due to incomplete medical records and inadequate examination reports.