Sleep apnea decisions — 2019

The Veteran's bilateral hearing loss is not service-connected, but his obstructive sleep apnea is found to be aggravated by PTSD.,Service connection for diabetes mellitus and a lower back condition are denied. Service connection for cervical spondylosis (claimed as neck condition) is remanded.

The Veteran's claim for service connection for obstructive sleep apnea was granted on September 2, 2012. The Board found that the effective date should be set to this date due to the VA receiving the original claim on September 2, 2012.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's obstructive sleep apnea is related to his service, including snoring and witnessed apneas during service in 1989, and his complaint of knee pain and sleep difficulties in November 1993. The examiner must also opine on whether the left knee disability aggravates or contributes to obesity.

The Board has remanded the cases for additional development and opinion regarding service connection for obstructive sleep apnea, acquired psychiatric disorder, and a respiratory condition due to asbestos exposure and welding fumes dust.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and hypertension, to include as secondary to obstructive sleep apnea. The issues are being remanded due to a lack of VA treatment records and an incomplete medical opinion regarding the etiology of the conditions.

The Board denied the Veteran's claims for service connection for lumbosacral strain, finding that there was no nexus between his in-service injury and current disability. The Board also found that his service-connected left hip disability did not cause or aggravate his back disability.

The Board denied the Veteran's claims for service connection for sleep apnea and an initial evaluation in excess of 20 percent for DDD of the lumbar spine, as well as a TDIU rating prior to September 11, 2014. The reasons include the Veteran's failure to report for VA examinations scheduled in conjunction with her claims.

The Veteran's claim for service connection for sleep apnea was reopened and granted as secondary to his service-connected allergic rhinitis with deviated nasal septum.

The Board has remanded the cases for further development due to insufficient opinions regarding causation and aggravation of vertigo by service-connected bilateral hearing loss, and for an examination to determine if COPD is related to asbestos exposure or other in-service duties.

The appeal to reopen claims for shoulder, neck and back disorders as well as psoriasis and rosacea is granted. The appeals for right and left shoulder, cervical spine (neck), lumbar spine, and skin disorders are remanded.

The Veteran's current obstructive sleep apnea is granted as service-connected, with the Board resolving all reasonable doubt in his favor.,The Veteran's acquired psychiatric condition, including PTSD due to military sexual trauma, is also granted as service-connected, with the Board finding that the evidence is at least evenly balanced on whether it was caused or aggravated by service.

The Board has decided that a VA examination is needed to determine if the Veteran's obstructive sleep apnea was caused by his service-connected residuals from a fractured nose.

The Board has denied service connection for obstructive sleep apnea and remanded the issue of service connection for an acquired psychiatric disability, including PTSD. The Veteran's claim is being returned to VA for further development.

The Veteran withdrew his appeal for service connection for obstructive sleep apnea, citing satisfaction with current VA disability ratings.

The Veteran's appeal of service connection for PTSD, depression, and sleep apnea was dismissed as the claim had been granted in full prior to the Board's consideration.

The Board granted service connection for rosacea, but this decision is being revised due to clear and unmistakable error (CUE). The Veteran was barred from receiving VA disability compensation based on his second period of active service. As a result, the April 2018 decision is now denied.

The Board has remanded the claims of service connection for a low back disorder, left knee disorders, and sleep apnea due to missing service treatment records. The Veteran's right and left knee disorders are also being remanded as they are inextricably intertwined with the low back disorder claim.

The Board has determined that the Veteran's sleep apnea, right knee degenerative joint disease, and peripheral neuropathy of the upper and lower extremities require further evaluation due to lack of current diagnoses or updated treatment records. The Veteran is also asked to provide any relevant SSA disability benefits records.

The Veteran's TDIU was granted with an effective date of June 11, 2011 or the date following his last day of employment. The Board found that he could not secure and maintain substantially gainful employment due to service-connected disabilities.

The Board has decided to remand the case due to insufficient medical evidence regarding whether the Veteran's sleep apnea is related to his military service. The Veteran will need to provide additional records and undergo a VA examination.