Sleep apnea decisions — 2019

The Veteran's appeal for a higher rating for bilateral hearing loss disability has been dismissed. The Board has remanded the issues of service connection for cancer of the trachea and thyroid cancer due to radiation exposure, as well as service connection for sleep apnea and depression.

The Veteran's service connection claims for multiple conditions, including fibromyalgia (claimed as multiple joint aches), memory loss, migraines, and lumbar spine disability are granted. The remaining issues on appeal remain pending.

The Veteran's lumbosacral spine disability is rated at 20 percent, and the Board has remanded for further examination to determine if a higher rating is warranted. The left shoulder disability remains on appeal.

The Board has remanded the Veteran's claims for service connection for obstructive sleep apnea and an acquired psychiatric disorder, including depressive disorder. The issues are being remanded due to a lack of cooperation from the Veteran in scheduling examinations.

The Board has determined that additional development is needed for the issues on appeal, including obtaining private treatment records and scheduling VA examinations to clarify diagnoses and provide opinions regarding etiology.

The Board has remanded the claims for diabetes mellitus, type II, hypertension, chronic kidney disease, obstructive sleep apnea, left and right wrist disabilities, and headaches due to potential service connection based on exposure to herbicides during service. The AOJ is required to confirm whether the USS Oriskany was within the 12 nautical mile territorial sea of Vietnam.

The Veteran's claims for service connection for bilateral hearing loss, tinnitus, major depressive disorder, and sleep apnea (REMSleep Behavior Disorder) are being remanded due to the need for additional medical examinations.,An increased rating is denied for spinal stenosis.

The Veteran's claim for service connection for muscle/joint pain (fibromyalgia) has been granted. The claims for bilateral hearing loss, chronic fatigue syndrome, sleep apnea, cardiovascular disorder, respiratory disorder (allergic rhinitis), and neurological disorder (dizziness) are denied.

The Veteran's sleep apnea is being remanded for further evaluation due to conflicting opinions and the need for additional evidence.

The Veteran's initial ratings for Barrett’s esophagus and sleep apnea are being remanded due to the need for further examination. The effective date of service connection for Barrett’s esophagus is denied as it was received within one year of separation from service.

The Board has not made a decision on the direct service connection claim for sleep apnea. The Veteran's exposure to herbicides is presumed, and he was diagnosed with obstructive sleep apnea during a VA examination in May 2015. A remand is required for a VA examiner to determine if his sleep apnea is caused by an in-service injury or disease.

The Board dismissed the appeal of service connection for sleep apnea because it was granted in a prior decision. The appeal regarding an initial rating in excess of 30 percent for headaches with occipital neuralgia associated with residuals of TBI was withdrawn by the Veteran.

The Veteran's claim for service connection for residuals of mumps has been denied as there is no current disability and the evidence does not support a finding that his current groin pain is related to his in-service mumps.,The Veteran's right knee disability claim was withdrawn at his hearing, thus the issue is dismissed.,Service connection for sleep apnea was denied due to lack of evidence linking the condition to service. The only reported symptoms were snoring and occasional periods of apnea during marriage after service.,Service connection for TMJ was denied as there is no evidence that the Veteran's current TMJ disability is related to his in-service mumps, which is considered a symptom of the same condition.,The Veteran's claim for bilateral pes planus remains pending and requires further examination by VA medical personnel.

The Veteran's claim for a higher rating for persistent depressive disorder was denied. The effective date of the 70 percent rating for persistent depressive disorder was set at September 12, 2016. The previously denied claims for service connection were reopened.

The Board dismissed the appeal for an increased rating of TBI and remanded the issues of service connection for right knee injury and sleep apnea.

The Veteran's urinary incontinence is granted as secondary to her service-connected low back strain. High cholesterol, bilateral knee disorders, OSA, and hypertension are denied as not related to service or service-connected conditions. The claim for uterine fibroid with menorrhagia is remanded.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence linking her current disabilities to service. The Veteran is required to undergo VA examinations to determine if her OSA, COPD, bilateral restless leg syndrome, and PTSD are related to service.

The Veteran withdrew his appeals regarding the right shoulder strain, duodenal ulcer with duodenitis and erosive gastritis, lumbosacral strain with intervertebral disc syndrome, and chronic left shoulder disability claims before the Board could make a decision.

The Veteran's claim for service connection was reopened, but the reduction in his major depressive disorder rating from 70% to 50% is not upheld. The right knee disability and sleep apnea claims are still pending.

The Veteran's headache disorder is caused by his service-connected tinnitus.,Obstructive sleep apnea was not incurred or aggravated in service and is not related to any service-connected disability.